Epstein Secrets

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

of § 2255 supplies the governing law. -9- EFTA00212901 Case 9:09-cv-80591-KAM Document 29 Entered on FLSD Docket 05/26/2009 Page 10 of 36 2. The Ex Post Facto Clause Bars Application Of Masha's Law. Even if Congress did intend Masha's Law to apply retroactively, doing so would violate the Ex Post Facto clause. U.S. CONST. art. 1, § 9, cl. 3. A

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

of § 2255 supplies the governing law. -9- EFTA00212968 Case 9:09-cv-80591-KAM Document 29 Entered on FLSD Docket 05/26/2009 Page 10 of 36 2. The Ex Post Facto Clause Bars Application Of Masha's Law. Even if Congress did intend Masha's Law to apply retroactively, doing so would violate the Ex Post Facto clause. U.S. CONST. art. 1, § 9, cl. 3. A

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

of § 2255 supplies the governing law. -9- EFTA00221371 Case 9:09-cv-80591-KAM Document 29 Entered on FLSD Docket 05/26/2009 Page 10 of 36 2. The Ex Post Facto Clause Bars Application Of Masha's Law. Even if Congress did intend Masha's Law to apply retroactively, doing so would violate the Ex Post Facto clause. U.S. CONST. art. 1, § 9, cl. 3. A

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

of § 2255 supplies the governing law. -9- EFTA00221468 Case 9:09-cv-80591-KAM Document 29 Entered on FLSD Docket 05/26/2009 Page 10 of 36 2. The Ex Post Facto Clause Bars Application Of Masha's Law. Even if Congress did intend Masha's Law to apply retroactively, doing so would violate the Ex Post Facto clause. U.S. CONST. art. 1, § 9, cl. 3. A

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

of § 2255 supplies the governing law. -9- EFTA00189757 Case 9:09-cv-80591-KAM Document 29 Entered on FLSD Docket 05/26/2009 Page 10 of 36 2. The Ex Post Facto Clause Bars Application Of Masha's Law. Even if Congress did intend Masha's Law to apply retroactively, doing so would violate the Ex Post Facto clause. U.S. CONST. art. 1, § 9, cl. 3. A

y it' by altering the definition of criminal conduct or increasing the punishment for the crime." Lynce I. Mathis 519 U.S. 433, 441 (1997) (quoting Weaver,. Graham 450 U.S. 24, 29 (1981)). United States'. Sim!, 153 F.3d 1256, 1259 (11th Cir. 1998) (emphasis added; internal alterations omitted). Even t

-9- Case No. 08.80736-CV-MARRA P-011850 EFTA00192896 Case 9:09-cv-80591-KAM Document 29 Entered on FLSD Docket 05/26/2009 Page 10 of 36 2. The Ex Post Facto Clause Bars Application Of Masha's Law. Even if Congress did intend Masha's Law to apply retroactively, doing so would violate the Ex Post Facto clause. U.S. CONST. art. 1, § 9, cl. 3. A