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Indybay Feature

Eddy Lepp Faces Charges in District Court

by freeman
Eddy Lepp appears for arraigment in US District Court
"EddySan Francisco Oct 4, 2004 -- Accompanied by his lawyer, Dennis Phillips and twenty friends and activists, Eddy Lepp appeared for arraignment before Magistrate Judge Joseph C. Spero of the US District Court this morning.

Charged with possession of a controlled substance [marijuana] with intent to distribute and maintaining a residence for the manufacture of a controlled substance. The medical cannabis provider faces 12 years to life in prison, if convicted. Eddy, who pleaded not guilty, was nonetheless pleased, due to the fact he wasn't charged with possession of a .32 caliber pistol.

Raided by DEA agents on August 18th, Charles Edward Lepp and thirteen others were arrested at his 25 acre farm in Upper Lake, CA.  Over 32,000 nearly mature plants worth in excess of 120 million dollars were seized, depriving over 2,000 patients of their medicine.

What's unusual about the criminal case is that it will be merged with Eddy's civil suit against the government for $68 million and will be heard by Judge Marilyn Patel on October 18th in San Francisco.  Mr. Lepp is free on bond pending his trial.

Outside the Burton Federal Building, supporters were cheered by passing motorists, who honked their in support of medical cannabis.

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Comments (Hide Comments)
by curious
I'm hoping we can get some clarification on this case.

There is certainly a misunderstanding on the part of the reporter here, since the merger of a civil case with a criminal case is simply not legally possible. Can't happen.
by freeman

http://www.counterpunch.org/

Lepp had made an unusual "related-case motion," requesting that the criminal case against him be assigned to the same U.S. District Court Judge, Vaughn Walker, who is hearing his civil suit against the DEA. The U.S. Attorney did not oppose this motion, even though Walker is a known critic of the War on Drugs. Now it's up to Walker to decide whether he wants to preside over Lepp's criminal case. If he declines, Marilyn Patel will get it -a judge with a reputation for fairness and open-mindedness. Lucky unlucky Eddy.

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