cannabisnews.com: Feds Begin Appeal Process In Rosenthal Case 





Feds Begin Appeal Process In Rosenthal Case 
Posted by CN Staff on July 07, 2003 at 17:59:27 PT
Breaking News
Source: Bay City News 
San Francisco -- The federal government has taken the first official step in appealing a one-day sentence given to Oakland medical marijuana advocate Edward Rosenthal for three marijuana cultivation counts. Lawyers from the U.S. Attorney's Office in San Francisco, acting on behalf of the U.S. government, filed a notice of appeal with the 9th U.S. Circuit Court of Appeals in San Francisco on July 3. 
Rosenthal, 58, a medical marijuana author and activist, was given the one-day penalty by U.S. District Judge Charles Breyer on June 4. Since Rosenthal had already spent a day in jail when he was arrested last year, he was able to walk free. Prosecutors had asked for a six and one-half year sentence for Rosenthal's conviction on three counts of conspiring to grow marijuana, growing more than 100 plants, and maintaining premises for cultivation at an Oakland warehouse. Assistant U.S. Attorney Matthew Jacobs said the government's brief outlining its appeal arguments won't be filed "for months" and said he did not know when the court will hear the case. The appeals court will set a briefing schedule at a later date, he said. Jacobs declined to comment on the content of the appeal. Rosenthal said from his home in Oakland, "This is proof that the government and the prosecutor want to stop people from getting their medicine." Rosenthal also said he thinks the appeal is a waste of taxpayers' money. "If they have all that money, why don't they build some schools?" he asked. Rosenthal claimed he was growing starter plants to help patients and that he believed his actions were legal under California's 1996 medical marijuana law. But because federal law doesn't recognize the state law, he was not allowed to make that argument at trial. Although Breyer prohibited any mention of the California law during the trial, the judge said at the sentencing that he considered the case "extraordinary and unique" because Rosenthal sincerely believed his activity was shielded from prosecution as a result of being approved by the Oakland City Council.Source: Bay City News (CA)Published: July 7, 2003Copyright: 2003 Bay City News Contact: bcn pacbell.net Website: http://www.baycitynews.com/ Related Articles & Web Site:Ed Rosenthal's Pictures & Articleshttp://freedomtoexhale.com/trialpics.htmJuror Clears Smoke in Medical Marijuana Case http://cannabisnews.com/news/thread16622.shtmlTwist Ends Medical Marijuana Casehttp://cannabisnews.com/news/thread16545.shtmlGuru's Tirade on Marijuana Earns Respect http://cannabisnews.com/news/thread16540.shtml 
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Comment #1 posted by SoberStoner on July 07, 2003 at 18:43:00 PT
Now the question is..
Who will get their appeal heard first, ed or the feds?Ed's response was perfect as usual...Finally we have a man who is willing to face grave punishment to fight against the lies.I feel sorry for him and his family, but I think the feds finally picked the wrong guy to bully around since they are used to just walking all over people.May whatever spirits Ed follows bless him and his family, he is an inspiration and hopefully one day i'll be able to shake his hand and thank him for what he's done.SS
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