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nt must be dismissed "where the well-pleaded facts do not permit the court to infer more than the mere possibility of misconduct") (emphasis added); Bawa v. U.S., No. C 07- 00200 WHA, 2007 WL 1456040, *5 (N.D. Cal. May 17, 2007) (dismissing complaint alleging that defendant "may have played a substantial role
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
nt must be dismissed "where the well-pleaded facts do not permit the court to infer more than the mere possibility of misconduct") (emphasis added); Bawa v. U.S., No. C 07- 00200 WHA, 2007 WL 1456040, *5 (N.D. Cal. May 17, 2007) (dismissing complaint alleging that defendant "may have played a substantial role
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
nt must be dismissed "where the well-pleaded facts do not permit the court to infer more than the mere possibility of misconduct") (emphasis added); Bawa v. U.S., No. C 07- 00200 WHA, 2007 WL 1456040, *5 (N.D. Cal. May 17, 2007) (dismissing complaint alleging that defendant "may have played a substantial role
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
nt must be dismissed "where the well-pleaded facts do not permit the court to infer more than the mere possibility of misconduct") (emphasis added); Bawa v. U.S., No. C 07- 00200 WHA, 2007 WL 1456040, *5 (N.D. Cal. May 17, 2007) (dismissing complaint alleging that defendant "may have played a substantial role
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
nt must be dismissed "where the well-pleaded facts do not permit the court to infer more than the mere possibility of misconduct") (emphasis added); Bawa v. U.S., No. C 07- 00200 WHA, 2007 WL 1456040, *5 (N.D. Cal. May 17, 2007) (dismissing complaint alleging that defendant "may have played a substantial role
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
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