Epstein Secrets

canon of statutory construction that "discourages courts from adopting a reading of a statute that renders any part of the statute mere surplusage." Bailey v. United States , 516 U.S. 137, 146 (1995)(noting that each word in a statute is intended to have "particular, nonsuperfluous meaning"). Responde

al allegations must be enough to raise a right to relief above the speculative level. "The standard is one of "plausible grounds to infer." Id. In Ashcroft v. Iqbal , 129 S.Ct. 1937 (2009), the Supreme Court noted that two working principles underlay its decision in Twombly : (1) the tenet that a court

of jurisdiction because judge knew that she could depart downward. 19 EFTA00224153 COURT CASES FACILITY FACTS/COMMUNICATION CHARGE U.S. I Bailey, 228 F.3d 637 (6s Cir. 2000) Internet Defendant contacted minors through Internet; used graphic language describing how he wanted to perform o

of intemet. 2422(b); 2252A 2004) Pled guilty to 2422(b) & 2252A; sentenced to 51 months & 2 years supervision; challenged conviction based on Ashcroft. Free Speech Coalition, 122 S.Ct. 1389 (2002) finding parts of No Information Child Protection Act unconstitutional; claimed ineffective counsel.

enge to the statute: "The statute only applies to those who `knowingly' persuade or entice, or attempt to persuade or enticesminors. United States' Bailey, 228 F.3d 637, 639 (6th Cir. 2000). See United States'. Pcmfil, 338 F.3d 1° Indeed, this last problem is best illustrated by any cal may claim to h

"constitutionally mandated division of authority was adopted by the Fjamers to ensure protection of our fundamental Id. at 552, quoting Gregory'. Ashcroft, 501 U.S. 452, 458 (1991). The majority concluded that the statute before the Court "upsets the federal balance to a degree that renders it an unc

t she could depart downward. 17 EFTA01729501 • COURT .. .... r %. • AS' - -.. *AMITY :. OO)$/g.PNOWNICAtI0N, ' ' , COAR.qE..- , U.S. v. Bailey, 228 F.3d 637 (61h Cir. 2000 ) Internet Defendant contacted minors through Internet; used graphic language describing how he wanted to perform

2(b); 2252A 2004) No Information Pled guilty to 2422(b) & 2252A; sentenced to 51 months & 2 years • supervision; challenged conviction based on Ashcroft v. Free Speech Coalition, 122 S.Ct. 1389 (2002) finding parts of Child Protection Act unconstitutional; claimed ineffective counsel. Affirmed. U.

at she could depart downward. 17 EFTA00079430 {nv , . ,..y..4 .,,p.th : I r . j"'T ' -77 SS aks24.2-2.(b: 74;11-. 1~.9 iwic.# U.S. v. Bailey, 228 F.3d 637 (6th Cir. 2000) Internet Defendant contacted minors through Internet; used graphic language describing how he wanted to perform

ther than use of intemet available. Pled guilty to 2422(b) & 2252A; sentenced to 51 months & 2 years supervision; challenged conviction based on Ashcroft v. Free Speech Coalition, 122 S.Ct. 1389 (2002) finding parts of Child Protection Act unconstitutional; claimed ineffective counsel. Affirmed. 24

said to act purposefully if 'he consciously desires that result, whatever the likelihood of that result happening from his conduct.' United States !Bailey, 444 U.S. 394, 404 (1980), quoting United Slates u United Slates Gypsum Co., 438 U.S. 22, 445 (1978).7 The Supreme Court has repeatedly interpreted

thy balance of power between the States and the Fede I Government will reduce the risk of tyranny and abuse from either front.") (quoting Gregory'. Ashcroft, 501 U.S. 452, 458 (1997)). Thus, Congress's power to legislate in this area is constrained by the Commerce Clause. As Lopez demonstrates, the 08-8

to do so," criminalizes both the enticement and the attempted enticement, but not the ac performance of the sexual activity. United States"! Bailey, 228 F.3d 637, 639 (6th Cir.2000) (intent to commit the sexual act is not required to prove attempt to persuade a minor to engage in sexual activi

H... 12/18/2007 EFTA00191987 Page 4 of 13 77 Fed.Appx. 371 77 Fed.Appx. 37I, 2003 WL 22331999 (C.A.6 (Ohio)) (Cite as: 77 Fed.Appx. 371) under Ashcroft I Free Speech Coalition. 535 U.S. 234. 122 S.Ct. 1389, 152 L.Ed.2d 403 (2002), because the government failed to prove that the depictions in the c

s not involved, two other circuits have examined the issue and determined travel is not necessary to sustain such a conviction. In United States v. Bailey, 228 F.3d 637, 639-40 (6th Cir. 2000), the Sixth Circuit affirmed a conviction under Section 2422(b) where the defendant sent e-mails proposing ora

ion that all the allegations in the complaint are true (even if doubtful in fact)." Id. The United States Supreme Court very recently made clear in Ashcroft v. lubal No. 07-1015 (U.S. May 18, EFTA00175268 Case 9:09-cv-80469-KAM Document 31 Entered on FLSD Docket 06/01/2009 Page 3 of 11 Jane Doe II