Epstein Secrets

andgraf v. USI Film Products, 511 U.S. 244 (1994) Leocal v. Ashcroft, 11 passim 543 U.S. 1 (2004) 11 Martin v. Hadix, 527 U.S. 343 (1999) 6 Nijhawan v. Holder, 557 U.S. 29 (2009) 12, 13 Shular v. United States, 140 S. Ct. 779 (2020) 11, 14 Toussie v. United States, 397 U.S. 112 (1970) 8, 9

., 391 F.3d 401 (2d Cir. 2004) 6, 9 Kaiser Aluminum & Chem. Corp. v. Bonjorno, 494 U.S. 827 (1990) 3 Kawashima v. Holder, 565 U.S. 478 (2012) Landgraf v. USI Film Products, 511 U.S. 244 (1994) Leocal v. Ashcroft, 11 passim 543 U.S. 1 (2004) 11 Martin v. Hadix, 527 U.S. 343 (1999) 6 Nijhawa

ejection of a retroactivity provision ends the inquiry at step one in Ms. Maxwell's favor. "[W]here the congressional intent is clear, it governs." Landgraf, 511 U.S. at 264 (quoting Kaiser Aluminum & Chem. Cap. v. Bonjorno, 494 U.S. 827, 837 (1990)). As Ms. Maxwell's opening memorandum demonstrated, co

the government cites in which the Court applied a fact-based approach to an "offense involving" statute—does not break this line of cases at all. In Nijhawan, the statutory provision at issue referred to "an offense that . . . involves fraud or deceit in which the loss to the victim or victims exceeds $1

the categorical approach. 'Involving' . is equally consistent with applying a fact-based approach." 865 F.3d at 60 n.11 39 EFTA00077671 (citing Nijhawan v. Holder, 557 U.S. 29, 38 (2009) (applying the circumstances-specific approach to a statute containing the word "involves")). Moreover, as the Wein

new duties with respect to transactions already completed." Vernon v. Cassadaga Valley Cent. School Dist, 49 F.3d 886, 890 (2d Cir. 1995) (quoting Landgraf, 511 U.S. at 280). Applying Section 3283 here would have none of those effects. Maxwell's rights, liabilities, and duties were governed by the subst

Timely 23 A. Statutory Background 24 B. The 2003 Amendment to Section 3283 Applies Retroactively 26 1. The 2003 Amendment Satisfies Step One of Landgraf 28 2. The 2003 Amendment Satisfies Step Two of Landgraf 32 C. The Defendant's Crimes Involved the Sexual Abuse of Minors 36 III. The Defendant'

the categorical approach. 'Involving' . is equally consistent with applying a fact-based approach." 865 F.3d at 60 n.11 39 EFTA00039486 (citing Nijhawan v. Holder, 557 U.S. 29, 38 (2009) (applying the circumstances-specific approach to a statute containing the word "involves")). Moreover, as the Wein

new duties with respect to transactions already completed." Vernon v. Cassadaga Valley Cent. School Dist, 49 F.3d 886, 890 (2d Cir. 1995) (quoting Landgraf, 511 U.S. at 280). Applying Section 3283 here would have none of those effects. Maxwell's rights, liabilities, and duties were governed by the subst

Timely 23 A. Statutory Background 24 B. The 2003 Amendment to Section 3283 Applies Retroactively 26 1. The 2003 Amendment Satisfies Step One of Landgraf 28 2. The 2003 Amendment Satisfies Step Two of Landgraf 32 C. The Defendant's Crimes Involved the Sexual Abuse of Minors 36 III. The Defendant'

the categorical approach. 39 EFTA00103064 `Involving' . is equally consistent with applying a fact-based approach." 865 F.3d at 60 n.11 (citing Nijhawan v. Holder, 557 U.S. 29, 38 (2009) (applying the circumstances-specific approach to a statute containing the word "involves")). Moreover, as the Wein

new duties with respect to transactions already completed." Vernon v. Cassadaga Valley Cent. School Dist, 49 F.3d 886, 890 (2d Cir. 1995) (quoting Landgraf, 511 U.S. at 280). Applying Section 3283 here would have none of those effects. Maxwell's rights, liabilities, and duties were governed by the subst

Timely 23 A. Statutory Background 24 B. The 2003 Amendment to Section 3283 Applies Retroactively 26 1. The 2003 Amendment Satisfies Step One of Landgraf 28 2. The 2003 Amendment Satisfies Step Two of Landgraf 32 C. The Defendant's Crimes Involved the Sexual Abuse of Minors 36 III. The Defendant'

r the categorical approach. `Involving' . is equally consistent with applying a fact-based approach." 865 F.3d at 60 n.I 39 EFTA00095131 (citing Nijhawan v. Holder, 557 U.S. 29, 38 (2009) (applying the circumstances-specific approach to a statute containing the word "involves")). Moreover, as the Wein

imely 23 A. Statutory Background 24 B. The 2003 Amendment to Section 3283 Applies Retroactively 26 1. The 2003 Amendment Satisfies Step One of Landgraf 27 2. The 2003 Amendment Satisfies Step Two of Landgraf 32 C. The Defendant's Crimes Involved the Sexual Abuse of Minors 36 III. The Defendant'

t . . . involves fraud or deceit in which the loss to the victim or victims exceeds $10,000" is "consistent with a circumstance-specific approach." Nijhawan v. Holder, 557 U.S. 29, 32, 38 (2009) (emphasis added). Thus, the word "involves" generally means that courts should look to the circumstances of an

d 920, 924 (9th Cir. 2006). The Supreme Court has set out a two-step framework to determine whether a federal statute applies to past conduct. See Landgraf v. USI Film Products, 511 U.S. 244, 280 (1994). Courts look first to the language of the statute. If the statute states that it applies to past cond

imposes a new duty, or attaches a new disability, in respect to transactions or considerations already past.'" Weingarten, 865 F.3d at 56 (quoting Landgraf, 511 U.S. at 290). Thus, applying a new statute of limitations to previously time- barred claims has an impermissible retroactive effect. Enter. Mort

t . . . involves fraud or deceit in which the loss to the victim or victims exceeds $10,000" is "consistent with a circumstance-specific approach." Nijhawan v. Holder, 557 U.S. 29, 32, 38 (2009) (emphasis added). Thus, the word "involves" generally means that courts should look to the circumstances of an

d 920, 924 (9th Cir. 2006). The Supreme Court has set out a two-step framework to determine whether a federal statute applies to past conduct. See Landgraf v. USI Film Products, 511 U.S. 244, 280 (1994). Courts look first to the language of the statute. If the statute states that it applies to past cond

imposes a new duty, or attaches a new disability, in respect to transactions or considerations already past.'" Weingarten, 865 F.3d at 56 (quoting Landgraf, 511 U.S. at 290). Thus, applying a new statute of limitations to previously time- barred claims has an impermissible retroactive effect. Enter. Mort

t . . . involves fraud or deceit in which the loss to the victim or victims exceeds $10,000" is "consistent with a circumstance-specific approach." Nijhawan v. Holder, 557 U.S. 29, 32, 38 (2009) (emphasis added). Thus, the word "involves" generally means that courts should look to the circumstances of an

d 920, 924 (9th Cir. 2006). The Supreme Court has set out a two-step framework to determine whether a federal statute applies to past conduct. See Landgraf v. USI Film Products, 511 U.S. 244, 280 (1994). Courts look first to the language of the statute. If the statute states that it applies to past cond

imposes a new duty, or attaches a new disability, in respect to transactions or considerations already past.'" Weingarten, 865 F.3d at 56 (quoting Landgraf, 511 U.S. at 290). Thus, applying a new statute of limitations to previously time- barred claims has an impermissible retroactive effect. Enter. Mort