U.S. District Judge George Wu postponed the sentencing of Charles Lynch until June 11. In front of a courtroom packed with reporters, attorneys and Lynch supporters, Wu listened for more than two hours before asking lawyers on each side to file further arguments stating their position.

Lynch, 47, is one of the first in the nation who was convicted on five marijuana-related offenses to seek leniency from a judge after U.S. Attorney General Eric Holder announced last month that federal agents will now target marijuana distributors only when they violate both federal and state laws.

However, Holder didn’t say how the new approach would affect pending cases.

Wu recently asked prosecutors for written clarification about whether Holder’s statements would affect Lynch, who was not charged with any state crimes.

In response, H. Marshall Jarrett, director of the Department of Justice’s executive office of U.S. attorneys, wrote in a letter that Lynch’s prosecution and conviction were “entirely consistent with department policies as well as public statements made by the attorney general.”

Wu might disregard the mandatory minimum five-year sentence for Lynch if defense attorneys can prove their client is eligible under a “safety valve” provision for one of the counts he was convicted of—conspiracy to manufacture and distribute marijuana. The provision allows a judge to reduce federal sentencing guidelines and ignore mandatory minimum sentences in determining punishment for defendants. One of the provision’s criteria cited by Wu is determining whether Lynch was an organizer, leader or manager of others in the crime and he continued to break federal law.

Even if he found in favor of Lynch, Wu said he’s required by law to sentence him to at least one year in prison for also being convicted of distributing marijuana to someone under the age of 21—considered a minor under federal law.

“If I could find a way out, I would,” said Wu, who added he didn’t believe Lynch’s case should have a mandatory minimum sentence.

Lynch, who ran a marijuana dispensary in the Central Coast town of Morro Bay, was convicted in August by a jury in Los Angeles for selling more than 100 kilograms of marijuana. His case has become a rallying point for pot advocates who believe pending cases in California and a dozen other states that allow medical marijuana use should be dismissed after Holder’s remarks.

Other defendants have followed Lynch’s lead. In Northern California, one-time fugitive Kenneth Hayes has agreed to either plead guilty or no contest to two counts after he was indicted seven years ago for running a medical marijuana dispensary in San Francisco, his attorney William Panzer said Thursday.

Hayes went to Canada shortly before charges were filed against him because he felt there were more liberal marijuana policies there, Panzer said. After being denied political asylum in Canada, Hayes moved around until he was arrested in Romania last year and brought back to the United States.

Panzer said his client hopes the judge in his case will show leniency.

“He felt that once the Bush administration was out, things would be better,” Panzer said of his client’s expected plea. “This is a case that shouldn’t be taking up time in federal court.”

In Lynch’s case, Wu noted that the dispensary owner wasn’t being sneaky about what he did. He met with city officials, obtained a business license and allowed frequent inspections. Lynch’s attorney, federal public defender Reuven Cohen, said his client believed he was complying with state law.

Assistant U.S. Attorney David Kowal responded by saying Lynch knew that his actions were illegal under federal law.

Janice Peters, the mayor of Morro Bay, said Lynch was a good business owner and was welcomed by the community.

“This is a victimless crime,” Peters said in court. “The only victim here is Charles Lynch, who is caught between two laws.”

Article attributed to By GREG RISLING Associated Press Writer