context by 18 U.S.C. § 377I(d)(6). A proposed amendment is futile if the amendment could not withstand a Rule 12(b)(6) motion to dismiss. Rose v. Hartford Underwriters Insurance Co., 203 F.3d 417, 420 (66' Cir. 2000)(citation omitted). Jane Doe #4's claim is subject to dismissal because it is barred by 18 U.S.C. § 3771(d)(6).