Today, Judge England denied defendant Steven Adgate's motion to stay his 26-month prison sentence on the ground that the court lacked jurisdiction to consider the motion since the time to file a notice of appeal had expired. Adgate order denying motion to stay. Adgate had argued that his prison sentence should be stayed based on the Ninth Circuit's recent McIntosh decision, which generally barred the Department of Justice from expending funds to prosecute medical marijuana actions that were in compliance with state law.