Pubdate: Tue, 19 May 2009
Source: Lake County Record-Bee (Lakeport, CA)
Copyright: 2009 Record-Bee
Contact:  http://www.record-bee.com/
Details: http://www.mapinc.org/media/3384
Author: Tiffany Revelle
Bookmark: http://www.mapinc.org/people/Eddy+Lepp
Bookmark: http://www.mapinc.org/mmj.htm (Marijuana - Medicinal)

LEPP GETS 10 YEARS

SAN FRANCISCO - Charles "Eddy" Lepp was sentenced to 10 years in prison
Monday in the U.S. District Court for the Northern District of
California. He was convicted in September 2008 of cultivating and
possessing more than 1,000 marijuana plants with the intent to
distribute them.

Federal agents and Lake County Sheriff's Department officials raided
Lepp's 20-acre garden in August 2004 and seized more than 32,000
plants. The incident spurred a legal battle, with Lepp claiming the
marijuana was to be used for religious and medical purposes.

"I'm not really surprised," Lepp said Monday. "There are appeals
already written for both the conviction and the sentence, and they
will be in the judge's chambers by the end of the day today. I feel
very confident we'll win on appeal."

Lepp received the mandatory sentence after presiding U.S. District
Court Judge Marilyn Patel ruled he didn't qualify for a safety valve
allowance that would have allowed a lesser sentence, including Lepp's
release after the 65 days he had already served.

"There was nearly a riot when it was announced because everybody went
crazy," Lepp said.

He estimated more than 150 supporters filled the courtroom, in
addition to 40 or more who waited in the lobby and nearly 50
protestors outside the courthouse.

Lepp was released to turn himself in on a date to be determined, and
was at the home of medical marijuana activist Dennis Peron, who
co-authored Proposition 215 to make marijuana available as a medicine.
Lepp said he expects to receive notification in six to eight weeks
telling him where and when to turn himself in to serve his sentence.

Patel recommended Lepp serve his sentence in a low-security camp where
he can receive medical treatment for his physical and psychological
ailments, according to Lepp's San Francisco defense attorney, Mike
Hinckley.

Hinckley said the safety valve was denied because the court didn't
believe he had taken responsibility for growing the marijuana on his
land. Lepp, an ordained minister of the Universal Church of Life, said
members of his Upper Lake ministry grew the marijuana.

"Eddy explained his roll with the field was to make it available for
people to grow on it," Hinckley said. "He encouraged people to grow on
it who were members of his church who had medical marijuana cards, but
the marijuana on the field was not his and belonged to the people
growing it. Essentially, they said he was lying."

Hinckley said his appeal is based in part on Lepp's right to present a
religious defense. He said other factors include evidentiary
proceedings during the trial.

Lepp said he and his family have received a lot of support from the
community since he was first raided in 1998.

"Again, from the bottom of my heart, thank you so very, very much for
your support," Lepp said. 
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MAP posted-by: Richard Lake