Nathan Joyal in happier days
Will the words of U.S. Congress members help overturn the conviction of an Upper Peninsula medical marijuana business owner – who pleaded guilty – after being accused of flaunting state and federal marijuana and weapons laws
Nathan Joyal settles forfeiture for $50,000 – and files a plea for a writ of habeas corpus
By Greg Peterson
Owner, News Director
U.P. Breaking News
906-273-2433
(Marquette, MI) – On one hand he’s suing the feds calling them persecuting crooks – and with the other hand slipping a mound of cash to settle a fine with federal prosecutors.
Fast becoming a cause célèbre in the medical marijuana movement as his case is oft discussed in industry chat-rooms, a Houghton County man is demanding he be released from prison in a motion that basically accuses the feds of persecuting medical pot providers.
Just days after handing $50,000 over to federal prosecutors, Nathan Joyal filed the civil suit that protects the wrongly imprisoned – the famous demand for a writ of habeas corpus. Serving time at a federal prison in Duluth, MN, Joyal is now known by his prison number: 18185-040
In May 2015, a judge approved a demand by federal prosecutors who filed a $100,000 (cash) “forfeiture money judgment” against Joyal
On August 11, 2016 “an order of satisfaction of forfeiture money judgment” was filed essentially cutting the forfeiture in half – to $50,000.
“The parties reached an agreement for the government to accept an immediate payment of $50,000 in satisfaction of the defendant’s (Joyal’s) outstanding balance of the forfeiture money judgment,” the document reads.
On August 6, 2016, “the United States Marshals Service received a cashier’s check in the amount of $50,000 made payable to The United States Marshals Service,” as agreed by all parties. “The judgment is satisfied.”
The forfeiture satisfaction was filed under the name of a retired (or semi-retired) Judge R. Allan Edgar – and 19 days later (August 30, 32016) – a notice was filed officially reassigning the case to another judge.
The Houghton County man pleaded guilty to running a rogue pot growing and medical marijuana dispensary operation – while heavily armed. But his attorneys say Joyal was unaware at the time of his plea that the government’s ability to prosecute him had been defunded.
“In this instance, (Joyal) was wholly unaware that during the course of the proceedings the funding for the government was revoked for the express purpose of thwarting its ability to prosecute medical marijuana cases,” the suit states.
Joyal’s civil suit against the government argues that defunding the national program that targets illegal pot growing in medical marijuana states – is a giant stogie of a smoke signal that prosecuting medical marijuana dealers is a waste of time and should be a thing of the past.
Joyal argues he complied with state law – while creating his medical marijuana business.
Joyal “went through great pains to comply with state law at every step of his opening and running a medical marijuana dispensary,” the suit states.
Saying he is illegally confined in prison, Joyal’s civil suit calls for him to be released and that his conviction be overturned.
The 15-page suit seeks a writ of “habeas corpus” on behalf of Joyal and is a “motion to vacate, set aside, or correct a sentence” for a person in federal custody – an argument often used by prison inmates. Its considered the best legal way to set free a person wrongly imprisoned in the U.S.
The suit is accompanied with a pile of legal arguments including two California cases that argue a person can appeal even though they forgo the right as part of a plea deal – and to prevent the U.S. Justice Department from spending money to prosecute medical marijuana cases because the effort has been defunded – arguing the suspects had not broken the law.
On Dec. 16, 2014, the president signed an appropriations act for 2015 – and in it two members of congress included “a rider” which “defunds the Dept. of Justice from prosecuting against medical marijuana providers who are adhering to state laws protecting their actions,” according to the motion filed by Joyal.
“This in fact makes the prosecution of these individuals (busted medical marijuana businesses) a crime” under the Anti-Deficiency Act.
Another issue is Joyal’s waiver of his right to appeal when he agreed to the plea bargain “under advice of council.” But – Joyal says – the whole deal was invalid from the get go.
The “legality” of a plea deal with federal prosecutors – and giving up the right to appeal – is “held to the same standard as any other legal contract” and “illegality in the contract voids the agreement.”
“Therefore the contract/waiver (of appeal rights) is void,” the suit states, adding Joyal did not have timely access to updated legal opinions while in prison.
“The issue in this case is whether the government had the right to prosecute this case,” the suit contends – citing a recent ruling in the Ninth U.S. Circuit Curt of Appeals (U.S. vs. Steve McIntosh No.15-10117).
That ruling involves a California medical marijuana case that addresses the legality of prosecuting a case where a “rider” exists – that denies federal funding to prosecute cases “where the defendant abided by state law there exists a serious question of constitutional law of the legality of a subsequent conviction using funds disallowed,” the suit states.
The suit makes much hay out of testimony from members of congress stating the prosecution of those involved in the medical pot business is illegal – and a crime.
In addition to the defunding “rider” – the U.S. Congress made it a crime to even prosecute the cases, the suit states
“It is actually a criminal act to circumvent the rider” and doing so “is a criminal offense punishable by up to two years in prison and a fine of $5,000,” the suit argues.
“There is a clear violation of congressional intent in the prosecution of medical marijuana cases,”
“It has even been made clear by members of congress that to prosecute these cases is in fact itself a crime,” the suit states, adding that Joyal and his father worked hard to bring the issue to the attention of defense attorneys and the court in a timely matter – asap. Another case (is used to argue the so-called “statute of limitations” between when a defendant knows about a defense that can vitally affect a criminal case – and when its brought to the attention of a judge.
The case cited is: Willis vs. Jones – a 2009 ruling from the Sixth U.S. Circuit Court of Appeals.
A man who apparently loves his weapons, Nathan Anthony Joyal once owned a medical marijuana dispensary in Houghton, Michigan – that was – until shortly before he was arraigned in August 2014 on a 17-page, 12-count federal drug and guns indictment – that could have put him in prison for life.
Instead, Joyal pleaded guilty only to counts 1 and 12 – and was sentenced in May 2015 to four years in federal prison and three years supervised release.
Counts 2 through 11 were dismissed by federal prosecutors as part of a plea agreement that normally includes the removal of a right to appeal. The case involves large forfeiture proceedings plus military body armor and two dozen weapons ranging from assault rifles to shotguns and handguns.
The suit asks that the case against Joyal be thrown out by any legal means.
Joyal’s conviction on Count 1 of the indictment “should be over-turned, set aside or that part of the indictment quashed” or “whatever relief the court deems just,” the suit states.
Noting Joyal has “not trained in the law,” the suit he authored states he “has not had adequate time to dispose of personal property to raise funds to hire an attorney” to address “concerns about procedural time limits.”
The suit was filed by:
Nathan Joyal
Federal Prisoner Number 18185-040
Federal Prison Camp
P.O. Box 1000
Duluth, MN 55814
Attachments (see related links below):
U.S. vs. Steve McIntosh No.15-10117
U.S. vs. Charles C. Lynch Nos. 10-50219, 10-50264
Briefs of members of Congress Dana Rohrabacher (R-CA) and Sam Farr (D-CA), as amici curiae in support of Charles C. Lynch’s Motion For Rehearing En Banc
Willis vs. Jones 2009 (Sixth Circuit)
——-
Willis vs. Jones, 329 Fed. Appx. 7, 2009 U.S. App. Lexis 10578; 2009 Fed. App. (6th Circuit)
https://www.gpo.gov/fdsys/pkg/USCOURTS-nynd-9_02-cv-01087/pdf/USCOURTS-nynd-9_02-cv-01087-3.pdf
http://www.opn.ca6.uscourts.gov/opinions.pdf/09a0333n-06.pdf
https://www.gpo.gov/fdsys/pkg/USCOURTS-ca6-07-01766/mods.xml
Briefs of members of Congress Dana Rohrabacher (R-CA) and Sam Farr (D-CA), as amici curiae in support of Charles C. Lynch’s Motion For Rehearing En Banc
http://www.latimes.com/local/politics/la-me-lynch-marijuana-20150513-story.html
Convicted medical pot seller finds congressional allies in legal appeal
L.A. Times story states:
In a strongly worded brief filed with the U.S. 9th Circuit Court of Appeals, U.S. Reps. Dana Rohrabacher (R-Costa Mesa), and Sam Farr (D-Carmel), accused prosecutors of flouting federal law as they go after Lynch and called on the court to end the case against him.
The congressmen entered the fray over Lynch by chance.
The pair were the authors late last year of a small but significant amendment to federal law that was meant to prevent the Department of Justice from interfering with states where medical marijuana is legal.
http://cdn.ca9.uscourts.gov/datastore/general/2015/06/14/10-50219%20Motion%20to%20Stay%20Briefing%20Schedule.pdf
http://www.friendsofccl.com/news/section-538-motions.html
http://www.friendsofccl.com/lynch-files-federal-sec-538-motion.html
http://www.nytimes.com/2015/04/09/us/medical-marijuana-dispensers-trapped-by-conflicting-laws.html?_r=1
http://cdn.ca9.uscourts.gov/datastore/general/2015/05/08/10-50219%20Amicus%20by%20Rohrabacher.pdf
http://cdn.ca9.uscourts.gov/datastore/general/2015/04/28/10-50219%20EB%20motion.pdf
Case from the Ninth U.S. Circuit Court of Appeals
U.S. vs. Steve McIntosh No.15-10117
Federal law bars Department of Justice from spending funds to prosecute individuals acting lawfully under state medical marijuana laws (O’Scannlain, J.)
Petitions for Writ of Mandamus
Argued and Submitted December 7, 2015
San Francisco, California
Filed: August 16, 2016
Before Circuit Judges: Diarmuid F. O’Scannlain; Barry G. Silverman and Carlos T. Bea
Opinion by Judge O’Scannlain
http://cdn.ca9.uscourts.gov/datastore/opinions/2016/08/16/15-10117.pdf
http://www.ca9.uscourts.gov/media/view_video.php?pk_vid=0000008703
https://www.justice.gov/sites/default/files/crt/legacy/2014/01/29/mcintoshdismissal.pdf
https://www.scribd.com/document/321401740/U-S-v-McIntosh-9th-U-S-Circuit-Court-of-Appeals-No-15-10117-Aug-16-2016
http://www.therecorder.com/id=1202765227736/United-States-v-McIntosh?slreturn=20160801131853
U.S. vs. Charles C. Lynch Nos. 10-50219, 10-50264
Brief of Senator Mark Leno (SD-11), Senator Mike Mcguire (SD-02), and Former Senator Darrell Steinberg as amici curiae in support of Charles C. Lynch’s Motion For Rehearing En Banc
http://cdn.ca9.uscourts.gov/datastore/general/2015/05/08/10-50219%20Amicus%20by%20Leno.pdf
http://cdn.ca9.uscourts.gov/datastore/uploads/general/cases_of_interest/10-50219_10-50264_Order.pdf
http://www.iowamedicalmarijuana.org/lynch/
http://www.cacd.uscourts.gov
The Parties
Partial Docket (with PDF files)
Toke on Down!
Law suit against county and sheriff
Drew Carey on DEA Raids & Medical Marijuana Use by Minors
Raiding California: Medical Marijuana and Minors
United States Court of Appeals for the Ninth Circuit
Appellate Briefs – United States v. Charles Lynch, Nos. 10-50219 and 10-50264
Lynch’s First Cross-Appeal Brief – July 3, 2012
Professors of Law Amici Curiae Brief – July 9, 2012
Americans for Safe Access Amicus Curie Brief – July 9, 2012
Writ of “Habeas Corpus” is a “motion to vacate, set aside, or correct a sentence” for a person in federal custody
https://en.wikipedia.org/wiki/Habeas_corpus
Cause célèbre
https://en.wikipedia.org/wiki/Cause_c%C3%A9l%C3%A8bre
Previous stories:
https://www.youtube.com/watch?v=6kqMRuZItYQ
http://youtu.be/6kqMRuZItYQ
12 Count Federal Guns and Drugs Indictment: Houghton, MI marijuana dispensary owner: flak jacket, assault rifles, $750,000 forfeiture
12 Count Federal Guns and Drugs Indictment: Houghton, MI marijuana dispensary owner could get life pled not guilty, max is life, flak jacket, assault rifles, $750,000 forfeiture
12 Count Federal Guns and Drugs Indictment could land Michigan marijuana dispensary owner in prison for life: Military flak jacket, assault rifles, and $750,000 plus other property in forfeiture notice
by Greg Peterson/Upper Peninsula Breaking News
(Marquette, Michigan) – The owner of a now-closed medical marijuana dispensary in Houghton, Michigan remains free after being arraigned on a 17-page, 12-count federal drug and guns indictment – that could put him in prison for life – on Tuesday, August 5, 2014 in U.S. District Court in Marquette – in a case that involves a large forfeiture proceeding plus military body armor and two dozen weapons ranging from assault rifles to shotguns and handguns.
Nathan Anthony Joyal pleaded not guilty before U.S. Magistrate Judge Timothy P. Greeley during a brief court appearance at federal court in Marquette and then released on bond.
However, as part of being released on bond – Judge Greeley ordered Joyal to turned over a flak jacket.
A flak jacket is military body armor developed to protect the military from high explosives including exploding grenades, anti-aircraft fire and more – but is not a bulletproof vest, according to several government and civilian internet sites.
Joyal was indicted by a federal grand jury in Marquette on July 22 – as he was originally arrested on state drug charges.
A federal indictment accuses Joyal of running a huge marijuana manufacturing and distribution operation between April 2011 and Dec. 12, 2013 – when his Houghton area home and business were raided.
The indictment specifically lists 50 kilos (110 pounds) of Marijuana and 50 or more marijuana plants.
The charges were read in court, however Joyal waived his right to have the indictment read into the record.
The charges:
One count of possession of a firearm in furtherance of a drug crime that carries a maximum sentence of life in prison and a $250,000 fine.
One count of manufacture of marijuana that carries a maximum of 20 years in jail and a one million dollar ($1,000,000) fine.
One count of possession of marijuana plants with intent to distribute that carries a maximum of 20 years in jail and a one million dollar ($1,000,000) fine
One count of conspiracy to manufacture and distribute marijuana that carries a maximum of 20 years in jail and a one million dollar ($1,000,000) fine.
One count of possession of a short barreled rifle that carries a maximum of 10 years in prison and a $250,000 fine.
Six counts of distribution of marijuana – that each carry a maximum sentence of 5 years in prison and a $250,000 fine.
One count of possession of marijuana with intent to distribute that carries a maximum sentence of 5 years in prison and a $250,000 fine.
The federal government is seeking “a substantial amount of personal property” from Joyal, said Judge Greeley.
Federal forfeiture proceedings includes $750,000 in “money” that equal proceeds “directly or indirectly” from Joyal’s alleged marijuana manufacturing conspiracy, according to the indictment. An additional $1,916 in cash was listed for forfeiture.
The indictment lists additional forfeiture targets including a generic request for tools, equipment, materials, chemicals.
The two federal gun charges involve a rifle less than 16 inches in length and a 40 caliber semi-automatic pistol
Those weapons are among 24 guns the indictment lists as targets of forfeiture including a variety of types of pistols (.9 mm .45 mm), revolvers (357 magnum, .45 caliber), shotguns (.410 and 12 gauge) and rifles (One Windham Weaponry AR15 assault rifle, two 45 mm assault rifles, .308 Winchester). Some of the guns listed had various millimeters that are associated with other assault rifles, but the indictment did not specify.
Related links as fyi:
Flak Jacket/Flak Suit:
Flak suits for combat crewmen were a highly successful and valuable adjunct in decreasing the total number of wounds and the number of lethal wounds in the thoracoabdominal region.
Grow, M., and Lyons, R. C.: Body Armor. Air Surgeons Bull. 2:8-10, January 1945.
http://history.amedd.army.mil/booksdocs/wwii/woundblstcs/chapter11.htm
http://www.globalsecurity.org/military/systems/ground/body-armor2.htm
http://www.flightglobal.com/pdfarchive/view/1944/1944%20-%201123.html
Wikipedia on flak jacket:
A flak jacket or flak vest is a form of body armor designed to provide protection from case fragments (“frag”) from high explosive weaponry, such as anti-aircraft artillery (“flak” a German contraction for Flugzeugabwehrkanone), grenades, some round shot used in shotguns and land mines and other lower-velocity projectiles. It is not designed to protect against bullets fired from small-arms such as rifles or handguns. However, certain flak jackets are able to sustain certain gunshots, dependent on the armor, the gun, and the distance that the bullet has travelled.
The term “flak jacket” is often colloquially applied to newer body armor featuring protection against small arms projectiles, but the original usage predated the existence of functional bulletproof vests and the two are not interchangeable in performance.
https://en.wikipedia.org/wiki/Flak_jacket
Joyal Drug Raid
http://www.mininggazette.com/page/content.detail/id/532372/Feds-raid-marijuana-dispensary.html?nav=5006
Facebook photos of Joyal and his pot pipes
https://www.facebook.com/nathan.joyal.39
http://www.northlandsnewscenter.com/news/local/Medical-Marijuana-Bill-in-Minnesota-Part-2-233826071.html
quotes from story – different name of dispensary:
It’s a Provisional Health Center that provides medicinal marijuana to patients from around the Upper Peninsula.
Nathan Joyal, owner of the Provisional Health Center said, “We provide medication to licensed patients. The staff here are state licensed caregivers, and so they have a license to dispense the medication and to advise the patients like a doctor or a pharmacist would.”
In the couple years the center has been open, Nathan Joyal says he’s seen this plant help people with a number of ailments.
“Appetite control, treating anxiety conditions, PTSD, they have back pain, digestive conditions.” said Joyal.
Around the country 20 states have legalized medical marijuana and in the next legislative session, Minnesota will be discussing whether to become the 21st. But even in Houghton, where the law has been in effect for more than three years there has been some turmoil between federal and state laws.
“There was a lot of confusion when the law first came out.” Joyal states.
At the federal level marijuana is considered a schedule–one drug, which means potential incarceration for possession. But with Michigan’s new law you can legally possess and consume marijuana if you have a doctor’s prescription.
Lieutenant Nicholas Roberts of the Houghton Police Department said, “Each patient can have 2.5 ounces or up to 12 plants, some people forget or intentionally forget how many they can have and that can get them in trouble.”
DEA, ATF, FBI, and other federal agents have teamed up with UPSET and other regional drug team to make numerous raids across the U.P. in recent months.
A Gwinn man, who a long criminal history and who thumbs his nose at the law, will spend the next five years in federal prison following a December 12, 2015 crystal meth and guns raid by a team of federal and state agents at the man’s heavily armed home in Gwinn.
“The amount in controversy exceeds $75,000” and the suits names 11 MTU staff including mostly high-ranking officials like the president, vice presidents and the police chief – who are named in their “official and individual capacities.”
Upper Peninsula Breaking News by Greg Peterson 