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ade such a finding here, the Court cannot apply the 2004 Guidelines and must instead apply the 2003 Guidelines. Several appellate courts, including the Second Circuit, have held that if the end date of the offense conduct dictates whether, consistent with the Ex Post Facto Clause, a harsher penalty may apply to t
nderlying the creation of § 4B1.5 that the adjustment does not apply to Ms. Maxwell. The Sentencing Commission created § 4B1.5 after the passage of the Protection of Children from Sexual Predators Act of 1998 (the "Act"). See Pub. Law 105-314 (Oct. 30, 1998). As part of the Act, Congress directed the Sentencing Commissio
, 259 F. 35, 38, and De- moth United States, 144 F. 363, 366, 6 I.R.A., .S., 424, 7 Ann.Cas. 121; by the decision of the Circuit Court of ala of the Second Circuit in Reed ■ United States, 2 Cir., 96 F2d 785, 787, rtlorarl denied 305 U.S. 612, 59 S.Ct. 71, 83 LEd. 399; and by the rulin of the Supreme Court
posure for the possession of child pornography: 12. Congressional findings appear throughout the following authorities: • The Senate Report on the Protection of Children Against Sexual Exploitation Act of 1977 recognized that: "the use of children as prostitutes or as the subjects of pornographic materials is very
it as a pattern of racketeering activity"); see also Cofacredit, S.A. v. Windsor Plumbing Supply Co.. 187 F.3d 229, 242 (2d Cir.1999) (noting that the Second Circuit "has never held a period of less than two years to constitute a substantial period of time"). Second, the criminal activities allegedly committed
(M.D.Ps. 1007) Act of 1986 on October 18, 1986. Id at 611; see Pub.L. No. 99-500, 100 Stat. 1783-39 (1986). This enactment expanded the scope of the Protection of Children Against Sexual Exploitation Act of 1977, Pub.L. 95-225, 92 Stat. 7 (1978), "to pro- vide a civil remedy for personal injuries suffered by victims
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