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hment for crimes committed before its enactment `more onerous' than the punishment would have been under the unamended statute. Id. at 442 (quoting Weaver, 450 U.S. at 36). Those penalties are the direct consequence of a defendant's commission of a predicate criminal offense and form a deliberate part
ight have led him to preserve exculpatory evidence." 539 U.S. at 611 (quoting Falter v United States, 23 F.2d 420, 426 (2d Cir. 1928) (Hand, J.) and Weaver, 450 U.S. at 28). More important, the Court observed, California's revival of otherwise barred claims fell squarely within a category of ex post fa
o relief, raising that possibility above a speculative level; if they do not, the plaintiffs complaint should be dismissed." James River Ins. Co. v. Ground Down Ena'a, Inc., 540 F.3d 1270, 1274 (11th Cir. 2008) (citation and quotation omitted); see also Iqbal, slip op. at 15 (complaint must be dismissed "where the well
hment for crimes committed before its enactment `more onerous' than the punishment would have been under the unamended statute. Id. at 442 (quoting Weaver, 450 U.S. at 36). Those penalties are the direct consequence of a defendant's commission of a predicate criminal offense and form a deliberate part
ight have led him to preserve exculpatory evidence." 539 U.S. at 611 (quoting Falter v United States, 23 F.2d 420, 426 (2d Cir. 1928) (Hand, J.) and Weaver, 450 U.S. at 28). More important, the Court observed, California's revival of otherwise barred claims fell squarely within a category of ex post fa
o relief, raising that possibility above a speculative level; if they do not, the plaintiffs complaint should be dismissed." James River Ins. Co. v. Ground Down Ena'a, Inc., 540 F.3d 1270, 1274 (11th Cir. 2008) (citation and quotation omitted); see also Iqbal, slip op. at 15 (complaint must be dismissed "where the well
hment for crimes committed before its enactment `more onerous' than the punishment would have been under the unamended statute. Id. at 442 (quoting Weaver, 450 U.S. at 36). Those penalties are the direct consequence of a defendant's commission of a predicate criminal offense and form a deliberate part
ight have led him to preserve exculpatory evidence." 539 U.S. at 611 (quoting Falter v United States, 23 F.2d 420, 426 (2d Cir. 1928) (Hand, J.) and Weaver, 450 U.S. at 28). More important, the Court observed, California's revival of otherwise barred claims fell squarely within a category of ex post fa
o relief, raising that possibility above a speculative level; if they do not, the plaintiffs complaint should be dismissed." James River Ins. Co. v. Ground Down Ena'a, Inc., 540 F.3d 1270, 1274 (11th Cir. 2008) (citation and quotation omitted); see also Iqbal, slip op. at 15 (complaint must be dismissed "where the well
hment for crimes committed before its enactment `more onerous' than the punishment would have been under the unamended statute. Id. at 442 (quoting Weaver, 450 U.S. at 36). Those penalties are the direct consequence of a defendant's commission of a predicate criminal offense and form a deliberate part
ight have led him to preserve exculpatory evidence." 539 U.S. at 611 (quoting Falter v United States, 23 F.2d 420, 426 (2d Cir. 1928) (Hand, J.) and Weaver, 450 U.S. at 28). More important, the Court observed, California's revival of otherwise barred claims fell squarely within a category of ex post fa
o relief, raising that possibility above a speculative level; if they do not, the plaintiffs complaint should be dismissed." James River Ins. Co. v. Ground Down Ena'a, Inc., 540 F.3d 1270, 1274 (11th Cir. 2008) (citation and quotation omitted); see also Iqbal, slip op. at 15 (complaint must be dismissed "where the well
hment for crimes committed before its enactment `more onerous' than the punishment would have been under the unamended statute. Id. at 442 (quoting Weaver, 450 U.S. at 36). Those penalties are the direct consequence of a defendant's commission of a predicate criminal offense and form a deliberate part
ight have led him to preserve exculpatory evidence." 539 U.S. at 611 (quoting Falter v United States, 23 F.2d 420, 426 (2d Cir. 1928) (Hand, J.) and Weaver, 450 U.S. at 28). More important, the Court observed, California's revival of otherwise barred claims fell squarely within a category of ex post fa
o relief, raising that possibility above a speculative level; if they do not, the plaintiffs complaint should be dismissed." James River Ins. Co. v. Ground Down Ena'a, Inc., 540 F.3d 1270, 1274 (11th Cir. 2008) (citation and quotation omitted); see also Iqbal, slip op. at 15 (complaint must be dismissed "where the well
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