Epstein Secrets

ATED. 45 CONCLUSION 49 ii EFTA00792345 TABLE OF AUTHORITIES Cases Doe u. Pataki, 3 F. Supp. 2d 456 (S.D.N.Y. 1998) 32, 33, 35, 36 E.B. v. Verniero, 119 F.3d 1077 (3d Cir. 1997), cert. denied, 522 U.S. 1109 (1998) 34, 35 Fresh Del Monte Produce N.V. v. Eastbrook Caribe, 40 A.D.3d 415 (1st De

25 C. Determining Appellant To Be a Level 3 Offender Based on Factors That Were Not Proven by Clear and Convincing Evidence Violated Appellant's Federal Due Process Rights. 32 H. THE COURT BASED ITS LEVEL 3 DETERMINATION UPON IMPROPER CONSIDERATIONS. 36 A. The Court Improperly Assessed Points Against Appellant fo

CLUSION 49 EFTA00181027 , EFTA00181028 TABLE OF AUTHORITIES Cases Doe v. Pataki, 3 F. Supp. 2d 456 (S.D.N.Y. 1998) 32, 33, 35, 36 E.B. v. Verniero, 119 F.3d 1077 (3d Cir. 1997), cert. denied, 522 U.S. 1109 (1998) 34, 35 Fresh Del Monte Produce N.V. v. Eastbrook Caribe, 40 A.D.3d 415 (1st De

25 C. Determining Appellant To Be a Level 3 Offender Based on Factors That Were Not Proven by Clear and Convincing Evidence Violated Appellant's Federal Due Process Rights. 32 II. THE COURT BASED ITS LEVEL 3 DETERMINATION UPON IMPROPER CONSIDERATIONS 36 A. The Court Improperly Assessed Points Against Appellant fo

VACATED. 45 CONCLUSION 49 EFTA00231543 TABLE OF AUTHORITIES Cases Doe v. Pataki, 3 F. Supp. 2d 456 (S.D.N.Y. 1998) 32, 33, 35, 36 E.B. v. Verniero, 119 F.3d 1077 (3d Cir. 1997), cert. denied, 522 U.S. 1109 (1998) 34, 35 Fresh Del Monte Produce N.V. v. Eastbrook Caribe, 40 A.D.3d 415 (1st De

25 C. Determining Appellant To Be a Level 3 Offender Based on Factors That Were Not Proven by Clear and Convincing Evidence Violated Appellant's Federal Due Process Rights. 32 IL THE COURT BASED ITS LEVEL 3 DETERMINATION UPON IMPROPER CONSIDERATIONS. 36 A. The Court Improperly Assessed Points Against Appellant fo

CATED. 45 CONCLUSION 49 ll EFTA00232663 TABLE OF AUTHORITIES Cases Doe v. Pataki, 3 F. Supp. 2d 456 (S.D.N.Y. 1998) 32, 33, 35, 36 E.B. v. Verniero, 119 F.3d 1077 (3d Cir. 1997), cert. denied, 522 U.S. 1109 (1998) 34, 35 Fresh Del Monte Produce N.V. v. Eastbrook Caribe, 40 A.D.3d 415 (1st De

25 C. Determining Appellant To Be a Level 3 Offender Based on Factors That Were Not Proven by Clear and Convincing Evidence Violated Appellant's Federal Due Process Rights. 32 II. THE COURT BASED ITS LEVEL 3 DETERMINATION UPON IMPROPER CONSIDERATIONS 36 A. The Court Improperly Assessed Points Against Appellant fo