Epstein Secrets

ng on or commenced after the date of enactment of this Act,' " "might possibly have qualified as a clear statement for retroactive effect" (quoting Landgraf, 511 U.S. at 260, 114 S.Ct. at 1494)); Rivers v. Roadway Express, Inc., 511 U.S. 298, 307-08, 114 S.Ct. 1510, 1517, 128 L.Ed.2d 274 (1994) (noting

ly retroactively. Congress may prescribe the temporal reach of a statute by stating that it applies to pre-enactment conduct, the first step in the Landgraf analysis, or a statute may be silent regarding temporal reach, in which case courts apply tho judicial presumption against retroactivity. This pres

f criminal punishment." Siegel slit 1260. The Eleventh Circuit is in agreement with the Second, Third, Eighth, Ninth, and . Circuits. See U.S. v, Futrell, 209 F.3d 1286, 1289-90 (11th Cir. 2000). EFTA00175290 Case 9:09-cv-80469-KAM Document 13 Entered on FLSD Docket 05/06/2009 Page 15 of 29 Jana

n. It is an axiom of law that "retroactivity is not favored in the law." Bowen, 488 U.S., at 208, 109 S.Ct., at 471 (1988). As eloquently stated in Landgraf v. USI Film Products, 114 S.Ct. 1483, 1497, 511 U.S. 244, 265-66 (1994): ... the presumption against retroactive legislation is deeply rooted in ou

minal punishment." Siegel, supra at 1260. The Eleventh Circuit is in agreement with the Second, Third, Eighth, Ninth, and D.C. Circuits. See U.S. v. Futrell 209 F.3d 1286, 1289-90 (11i° Cir. 2000). 18 EFTA00207741 must order restitution to each victim in the full amount." Id, at 1260. See also U.S. v

n. It is an axiom of law that "retroactivity is not favored in the law." Bowen, 488 U.S., at 208, 109 S.Ct., at 471 (1988). As eloquently stated in Landgraf v. USI Film Products, 114 S.Ct. 1483, 1497, 511 U.S. 244, 265-66 (1994): ... the presumption against retroactive legislation is deeply rooted in ou

minal punishment." Siegel, supra at 1260. The Eleventh Circuit is in agreement with the Second, Third, Eighth, Ninth, and D.C. Circuits. See U.S. v. Futrell 209 F.3d 1286, 1289-90 (11i° Cir. 2000). 18 EFTA00213265 must order restitution to each victim in the full amount." Id, at 1260. See also U.S. v

entitled to a determination as a matter of law that the statute in effect at the time of the alleged criminal conduct applies. As explained by the Landgraf court, supra at 280, and at 1505,9 9 In Landaraf, the United States Supreme Court affirmed the judgment of the Court of Appeals and refused to apply

criminal punishment." Siegel, supra at 1260. The Eleventh Circuit is in agreement with the Second, Third, Eighth, Ninth, and ■. Circuits. See U.S. Futrell, 209 F.3d 1286, 1289-90 (11ih Cir. 2000). 18 EFTA00183858 must order restitution to each victim in the full amount." Id, at 1260. Scc also U.S.