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Sentencing Oct 1St Asking For Supporters!

aduval327

By aduval327
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aduval327 Member

aduval327

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Dear US vs Duval

Medical cannabis in Michigan will take a brutal blow during the first week of October with the sentencing of 5 patients and providers in federal court. Coming out to show solidarity really means a lot to the defendants, and it also has been shown to influence Judges. All 5 defendants are being federally sentenced for cultivation and conspiracy to manufacture marijuana. Please come out to show your support for these heroes of our movement ...

When: 3:00 PM Monday, October 1

What: Sentencing for Jerry Duval, Jr. and Jeremy Duval

Where: 231 Lafayette Blvd.

Detroit, Michigan

Judge Lawson

When: 8:45 AM Thursday, October 4

What: Sentencing for Shelley Waldron and Jaycob Montague

Where: 110 Michigan St. NW

Grand Rapids, Michigan

Judge Robert Bell

When: 8:45 AM Friday, October 5

What: Sentencing for John Marcinkewciz

Where: 110 Michigan St. NW

Grand Rapids, Michigan

Judge Robert Bell

Please remember to:

  • Be respectful. It is often hard to sit and watch injustices unfold in front of you, but interruptions in the courtroom can cause a judge to take his anger out on the defendant.
  • Dress for court. Dress like it is YOU that is on the stand. As supporters in the courtroom your appearance reflects on the defendant.
  • When the judge dismisses the defendant, everyone should all stand up and leave with them.

Click here for more information about Court Support

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beourbud Advanced Member

beourbud

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Hero...????? More like Zero

 

John has been a known drug dealer for a very long time.

 

That notwithstanding his problem may well be the lack of education specifically arithmatic

 

300 plants > legal

 

These are the type of individuals to give the cause a black eye

Edited by beourbud
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Birdman Advanced Member

Birdman

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Hero...????? More like Zero

 

John has been a known drug dealer for a very long time.

 

That notwithstanding his problem may well be the lack of education specifically arithmatic

 

300 plants > legal

 

These are the type of individuals to give the cause a black eye

 

I was wondering what the details were on these people. I will support anyone who abides by the MMM Act. But when you step out of the scope of the current laws I have concerns about showing my face for support. Please don't slam me, I think cannabis should be legal everywhere, I just think we should all be happy with what we are permitted to have and stay within the limits. People disobeying these limitations makes us all look bad and it will reflect in the non-cannabis community as criminal activity they may have helped vote in.

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phaquetoo Advanced Member

phaquetoo

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I was wondering what the details were on these people. I will support anyone who abides by the MMM Act. But when you step out of the scope of the current laws I have concerns about showing my face for support. Please don't slam me, I think cannabis should be legal everywhere, I just think we should all be happy with what we are permitted to have and stay within the limits. People disobeying these limitations makes us all look bad and it will reflect in the non-cannabis community as criminal activity they may have helped vote in.

 

No slamming here noobie! lmao, I totaly agree with you, It would be like pt's and c.g's going to a cartel heads court case! Im realy sorry about people being put in jail for mj, but like said above we have a law and it realy isnt hard to follow, some get snagged in the grey area's that do not deserve it, but I cant see how any one can ask for support if they were in possesion of 300 plants!?!

 

Peace

Jim

Edited by phaquetoo
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aduval327 Member

aduval327

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This is for Jerry and Jeremy I am asking for. Us vs Duval case is 100% within compliance and is strictly federal vs state law. Everything was within guidelines actually under the guidelines. We were the first in us history to go to federal court using medical as a defense and still found guilty by jury on 4/20/12.

 

MEDICAL MARIJUANA SENTENCING.. MONDAY Oct 01, 2012

US vs Gerald Duval Jr and Jeremy Duval case #11-20594 (state law vs federal Law) Found guilty by jury on 04,20,2012 100% in state compliance.

231 W. Lafayette Blv. Detroit, MI 48226 at 3:00 PM . Hon. David M. Lawson

We are the first to use medical marijuana in federal court

.Jeremy and I are asking for you support on this day.

 

Thank You

 

Jerry Duval

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aduval327 Member

aduval327

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attached is the email we recieved from the ASA, my father (Jerry) is the spokesperson for the state of MI for the ASA. I (Ashley Duval) am trying to get the truth out and gain support for my family. I was the second full caregiver, with no charges brought onto me. My brother in compliance and same as me is being sentence! Please support us, it is 100% in compliance!! Ask the attorney Thomas Lavigne at Cannabis Counsel.

 

 

MEDIA ADVISORY

Americans for Safe Access

For Immediate Release: September 28, 2012

Contact: ASA Media Liaison Kris Hermes 510-681-6361

 

Federal Sentencing of Legally Compliant Medical Marijuana Providers Highlights Harmful Obama Policy

Justice Department uses prosecutorial discretion to seek decades in prison for legal Michigan cultivators

 

Detroit, MI -- Five medical marijuana patients and caregivers will be sentenced in federal court next week, highlighting the human cost of the federal government’s intolerance for state medical marijuana laws.

 

Two medical marijuana caregivers from Monroe County who were convicted earlier this year in federal court will be sentenced at 3pm Monday, October 1st before U.S. District Court Judge David M. Lawson (231 W. Lafayette Blvd, Detroit). Gerald Lee Duval Jr., 52, and his son, Jeremy Duval, 30, were raided by Drug Enforcement Administration (DEA) agents in 2011 and charged with felony cultivation, maintaining a place to cultivate marijuana, and conspiracy to distribute. In April, the Duvals were convicted at trial, the expected result of federal laws that prohibit any medical defense or reference to state law in front of juries.

 

"The Duvals' case is another tragedy from President Obama's war on medical marijuana," said Steph Sherer, Executive Director of Americans for Safe Access (ASA), the country’s leading medical marijuana advocacy group. "This type of enforcement is completely discretionary, unnecessary and far from the public health approach that medical marijuana patients deserve." The Duvals face decades in prison despite no evidence of state law violations.

 

Days later, three more medical marijuana patients and caregivers will be sentenced in federal court in Michigan. Around the same time federal agents were raiding the Duvals, officers with the Central Michigan Enforcement Team (CMET) and the Mecosta County Sheriff's Department raided the Austin Township home and other property of John Marcinkewciz, 42, and Shelley Waldron, 42. Marcinkewciz, Waldron and Jaycob Montague, 26, were originally charged under state law with cultivation and conspiracy to cultivate, but prosecutors soon turned their cases over to the federal Justice Department, where the three had no chance of defending themselves against federal law. Marcinkewciz, Waldron and Montague all subsequently took plea bargains in May.

 

Waldron and Montague are scheduled to be sentenced at 8:45am on October 4th before Judge Robert Bell in U.S. District Court at 110 Michigan Street NW, Grand Rapids. Marcinkewciz is scheduled to be sentenced at 8:45am on October 5th before the same judge. In spite of the plea bargains, the three medical marijuana providers still face decades in prison.

 

"The federal raids and prosecutions in Michigan are unfortunately only an example of the broader aggressive campaign by the Obama Administration to undermine state medical marijuana laws," continued Sherer. As with the Duval raid, DEA agents commonly burst onto the scene wearing full body armor and wielding machine guns in a clear attempt to intimidate. Despite claims by the president that he was "not going to be using Justice Department resources to try to circumvent state laws," Obama's Justice Department has conducted more than 200 SWAT-style raids and indicted well over 70 medical marijuana patients and providers since he took office.

 

A federal lawsuit to force the DEA to reclassify marijuana for medical use will be heard by the D.C. Circuit on October 16th. The case Americans for Safe Access v. DEA is bringing the science of medical marijuana into federal court for the first time in nearly 20 years. If marijuana were reclassified, the five people being sentenced in Michigan would be entitled to a medical defense, a right they are now denied.

# # #

With over 50,000 active members in all 50 states, Americans for Safe Access (ASA) is the largest national member-based organization of patients, medical professionals, scientists and concerned citizens promoting safe and legal access to cannabis for therapeutic use and research. ASA works to overcome political and legal barriers by creating policies that improve access to medical cannabis for patients and researchers through legislation, education, litigation, grassroots actions, advocacy and services for patients and the caregivers.

 

--

Kris Hermes

Media Specialist

Americans for Safe Access

http://www.americansforsafeaccess.org/

1322 Webster Street, Suite 402

Oakland, CA 94612

Phone: 510-251-1856

Email: kris@SafeAccessNow.org

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Malamute Advanced Member

+Malamute

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Hmmm, as i recall, they were over on plant count because one of them was already a felon and they were raided twice with excessive plants both times? And distributing to more people than they were allowed.

 

AFAIK it is stretch to say they were legal under Michigan law.

 

Anyhow, i feel for these people and everyone should show up if they believe noone should ever be convicted of a marijuana crime.

 

Whether they were legal or not doesnt matter. Period.

Edited by Malamute
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CaveatLector Advanced Member

CaveatLector

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Posted

 

 

Anyhow, i feel for these people and everyone should show up if they believe noone should ever be convicted of a marijuana crime.

 

Whether they were legal or not doesnt matter. Period.

 

Yes, I agree. But a lesson can be learned here as well. Especially for those that act like section 8 will always save you. Gather that many plants in one location and you're going to get federal attention regardless of the number of cgs using the space.

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aduval327 Member

aduval327

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If you all believe whats in the paper then everything is lies. I had 70 in MY greenhouse, my brother had 70 in his greenhouse, two separate facilities, yes on the same property, the law said we could do this in 2010. My father the convicted felon you all are talking about HAD NOTHING to do with this besides own the property. Which is also not illegal. So the lesson you say you all are learning is putting my father in prison for doing nothing besides letting me use his property. Why dont you all ask yourself why Im not being charged and they are? Thoughts there?? I was a patient plus a caregiver for 5, allowing me 72 plants, same with my brother. My father was a patient but had no plants at all!! My brother and I had all the plants! Im sorry you cant see the truth in where it really is and asking for support for a legal case i never thought it be this hard. I guess if I see you on monday at 3pm then I thank you for the support for my father and brother, if not.. well im sorry and may god bless you and hopefully it dont happen to you.. because trust me its a nightmare

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CaveatLector Advanced Member

CaveatLector

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If you all believe whats in the paper then everything is lies. I had 70 in MY greenhouse, my brother had 70 in his greenhouse, two separate facilities, yes on the same property, the law said we could do this in 2010. My father the convicted felon you all are talking about HAD NOTHING to do with this besides own the property. Which is also not illegal. So the lesson you say you all are learning is putting my father in prison for doing nothing besides letting me use his property. Why dont you all ask yourself why Im not being charged and they are? Thoughts there?? I was a patient plus a caregiver for 5, allowing me 72 plants, same with my brother. My father was a patient but had no plants at all!! My brother and I had all the plants! Im sorry you cant see the truth in where it really is and asking for support for a legal case i never thought it be this hard. I guess if I see you on monday at 3pm then I thank you for the support for my father and brother, if not.. well im sorry and may god bless you and hopefully it dont happen to you.. because trust me its a nightmare

I don't know that anyone is just buying what the paper says. What happened to you all sucks. No doubt about that. The point trying to be made is that people need to protect themselves by learning a lesson from this. Advice has been given on this forum, since its inception, regarding avoiding federal scrutiny. Don't grow 100 or more plants at one location. Doesn't matter if you have 10 caregivers. The issue is all of those plants in one single place. People need to stop beating the section 8 drum and acting as though it will clear them of all problems. The MMA means nothing in federal court.

 

Good luck to you all.

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aduval327 Member

aduval327

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I'm sorry to mistook that. yes I agree, we also learned the lesson even tho operation hemp in 2010 said we could have as many caregivers facilities on the grounds as wanted, funny thing is they came back 8 months later, led by the same DEA officer who gave us advice in 2010 to raid and press charges to say its over federal limit. The law is messed up completely and how they can say you can not and shall not be prosecuted in the papers received with our cards. The law needs changed and it should be legal all around. Thank you for everyone's support and ASA will be covering along with the news. Keep track with the case as it is being appealed asap after the sentencing.

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Malamute Advanced Member

+Malamute

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The truth is, sadly, you got busted for having a couple large greenhouses packed with plants. Nothing else matters at this point except i pray to Jah the Judge is EXTREMELY lenient to you. EXTREMELY. :-)

 

I know almost everyone says never to go over 99 plants and it is always "ok" advice.

 

I tell people to be the safest, don't go over 49, due to the federal sentencing issues.

 

Mandatory minimums start at 100 plants,"Not less than 5 years, not more than 40 years".

 

50-99 plants is "not more than 20 years".

 

1-49 plants is "not more than 5 years".

 

 

I truly feel for you guys. I HATE seeing anyone convicted for marijuana.

 

I truly wish you a good future as soon as you get past this BS.

Edited by Malamute
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pic book Advanced Member

pic book

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the paper also stated false facts.. there was two caregivers..two separated by fence greenhouses locked and secured..look up the affidavit by the case number and go from that not the paper.. the judge agreed we were 100% with in state guidelines...

As I understand it, the greenhouses of 2 different caregiver/patients, a brother and a sister, each growing 72 plants, were separated by a fence, but were on the same piece of property (for 144 on the same piece) and the house of the owner of the property (the father, himself not a caregiver or patient) where there happened to be guns present, was also on the property. The cg/patient sister, was not charged; the cg/patient son, and father were, and this sentencing is the result of their 4/20 federal convictions. Maybe cg/patient son, faces 5 years mandatory minimum for 100+ plants; father 10 years, 100+ plants plus weapons at grow site.

AS I stated in April on this board, the cheapest legal act a landowner can do to protect himself in family multiple grows is to subdivide (just pay a lawyer), into the individual names of the growers. WTF not? They are, after all, family.

I won't (sorrowfully) be at the sentencing untless somebo\dy going thru Detroit or from Detroit, picks me up.. In that case, PM me please.

Edited by pic book
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