EFTA00221363Set 9
2009-05-1836p13,958w
Does Not Apply To This Case.
The presumption against retroactivity and the Ex Post Facto clause preclude application
of Masha's Law in this case, where the alleged predicate conduct ... 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 ... apply retroactively, doing so would violate
the Ex Post Facto clause. U.S. CONST. art. 1, § 9, cl. 3. As the Eleventh Circuit has explained:
[The] Constitution provides that
https://www.justice.gov/epstein/files/DataSet%209/EFTA00221363.pdf
EFTA00207677Set 9
2006-07-2636p12,694w
S.Ct. 2882, 2893,
49 L.Ed.2d 752 (1976).
FN19. Article I contains two Ex Post Facto Clauses, one directed to Congress (§ 9,
cl. 3), the other to the States ... Graham, 450 U.S. 24, 101 S.Ct 960, 67 L.Ed.2d 17
(1981), the Ex Post Facto Clause not only ensures that individuals have "fair warning"
about the effect of criminal ... statute, as amended in 2006, would
be in clear violation of the Ex Post Facto Clause of the United States Constitution as it
would be applied to events occurring before
https://www.justice.gov/epstein/files/DataSet%209/EFTA00207677.pdf
EFTA00212893Set 9
2009-05-1836p13,958w
Does Not Apply To This Case.
The presumption against retroactivity and the Ex Post Facto clause preclude application
of Masha's Law in this case, where the alleged predicate conduct ... 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 ... apply retroactively, doing so would violate
the Ex Post Facto clause. U.S. CONST. art. 1, § 9, cl. 3. As the Eleventh Circuit has explained:
[The] Constitution provides that
https://www.justice.gov/epstein/files/DataSet%209/EFTA00212893.pdf
EFTA00221460Set 9
2009-05-1836p13,928w
Does Not Apply To This Case.
The presumption against retroactivity and the Ex Post Facto clause preclude application
of Masha's Law in this case, where the alleged predicate conduct ... 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 ... apply retroactively, doing so would violate
the Ex Post Facto clause. U.S. CONST. art. 1, § 9, cl. 3. As the Eleventh Circuit has explained:
[The] Constitution provides that
https://www.justice.gov/epstein/files/DataSet%209/EFTA00221460.pdf
EFTA01100005Set 9
2006-07-2643p14,726w
that the antiretroactivity principle finds expression
in several provisions of our Constitution. The Ex Post Facto Clause flatly prohibits
retroactive application of penal legislation.F819 Article I, § 10, cl. 1, prohibits ... S.Ct. 2882, 2893,
49 L.Ed.2d 752 (1976).
FN19. Article I contains two Ex Post Facto Clauses, one directed to Congress (§ 9,
cl. 3), the other to the States ... Graham, 450 U.S. 24, 101 S.Ct. 960, 67 L.Ed.2d 17
(1981), the Ex Post Facto Clause not only ensures that individuals have "fair
warning" about the effect of criminal
https://www.justice.gov/epstein/files/DataSet%209/EFTA01100005.pdf
EFTA00189749Set 9
2009-05-1836p13,958w
Does Not Apply To This Case.
The presumption against retroactivity and the Ex Post Facto clause preclude application
of Masha's Law in this case, where the alleged predicate conduct ... 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 ... apply retroactively, doing so would violate
the Ex Post Facto clause. U.S. CONST. art. 1, § 9, cl. 3. As the Eleventh Circuit has explained:
[The] Constitution provides that
https://www.justice.gov/epstein/files/DataSet%209/EFTA00189749.pdf
EFTA01099901Set 9
2006-07-2631p10,619w
that the antiretroactivity principle finds expression
in several provisions of our Constitution. The Ex Post Facto Clause flatly prohibits
retroactive application of penal legislation.rm9 Article I, § 10, cl. I, prohibits ... L.Ed.2d 752 (1976).
FN19. Article I contains two Ex Post Facto Clauses, one directed to Congress (§ 9,
cl. 3), the other to the States (§ 10, cl. 1). We have ... Graham. 450 U.S. 24, 101 S.Ct. 960, 67 L.Ed.2d 17
(1981), the Ex Post Facto Clause not only ensures that individuals have "fair
warning" about the effect of criminal
https://www.justice.gov/epstein/files/DataSet%209/EFTA01099901.pdf
EFTA00726931Set 9
2010-07-0220p15,549w
EFTA00726932
Page 3
18 USCS § 2250
prohibition against ex post facto laws precluded prosecution under § 2250(a) of such person. United States v Dixon ... enhanced penalties apply, 18 USCS § 2250(a); accordingly, SORNA does not violate Ex Post
Facto Clause. United States v Gould (2007, DC Md) 526 FSupp 2d 538 (criticized in United ... Offender Registration and Notification Act (SORNA), 42 USCS§§ 16901.16991, did not violate Ex Post Facto
Clause; although defendant became sex offender before SORNA was enacted, being sex offender merely identified
https://www.justice.gov/epstein/files/DataSet%209/EFTA00726931.pdf
EFTA01099943Set 9
2006-07-2632p10,791w
that the antiretroactivity principle finds expression
in several provisions of our Constitution. The Ex Post Facto Clause flatly prohibits
retroactive application of penal legislation FN19 Article ... L.F.d.2d 752 (1976).
FN19. Article I contains two Ex Post Facto Clauses, one directed to Congress (§ 9,
cl. 3), the other to the States (§ 10, cl. 1). We have construed ... Graham, 450 U.S. 24, 101 S.Ct. 960, 67 L.Ed.2d 17
(1981), the Ex Post Facto Clause not only ensures that Individuals have "fair
warning" about the effect of criminal
https://www.justice.gov/epstein/files/DataSet%209/EFTA01099943.pdf
EFTA00207722Set 9
2010-03-2929p9,495w
that the antiretroactivity principle finds expression in
several provisions of our Constitution. The Ex Post Facto Clause flatly prohibits
retroactive application of penal Iegislation.FN19 Article I, § 10, cl. 1, prohibits ... Graham, 450 U.S. 24, 101 S.Ct. 960, 67 L.Ed.2d 17
(1981), the Ex Post Facto Clause not only ensures that individuals have "fair warning"
about the effect of criminal ... promulgate rules to govern future conduct. The constitutional prohibitions against
the enactment of ex post facto laws and bills of attainder reflect a valid concern
about
https://www.justice.gov/epstein/files/DataSet%209/EFTA00207722.pdf
EFTA00212960Set 9
2009-05-1836p13,958w
Does Not Apply To This Case.
The presumption against retroactivity and the Ex Post Facto clause preclude application
of Masha's Law in this case, where the alleged predicate conduct ... 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 ... apply retroactively, doing so would violate
the Ex Post Facto clause. U.S. CONST. art. 1, § 9, cl. 3. As the Eleventh Circuit has explained:
[The] Constitution provides that
https://www.justice.gov/epstein/files/DataSet%209/EFTA00212960.pdf
EFTA00726951Set 9
2010-07-0216p11,476w
Statutes. 51 ALR6th 139.
Interpretive Notes and Decisions:
1. Generally 2. Constitutionality 3.—Ex post facto clause 4.--Commerce clause 5.--Non-delegation doctrine 6.—Tenth
amendment 7. Relationship ... violating Walsh Act did not raise U.S. Const. art. 1, § 9, et 3, Ex Post Facto Clause
concerns because defendant was notified, at time of his conviction, that he would ... Nevada had implemented compliant registration system; also, SORNA did not violate Commerce
Clause, Ex Post Facto Clause, Tenth Amendment, or Privileges and Immunities Clause right to travel. United States
https://www.justice.gov/epstein/files/DataSet%209/EFTA00726951.pdf
EFTA00213246Set 9
2010-03-2929p9,525w
that the antiretroactivity principle finds expression in
several provisions of our Constitution. The Ex Post Facto Clause flatly prohibits
retroactive application of penal Iegislation.FN19 Article I, § 10, cl. 1, prohibits ... Graham, 450 U.S. 24, 101 S.Ct. 960, 67 L.Ed.2d 17
(1981), the Ex Post Facto Clause not only ensures that individuals have "fair warning"
about the effect of criminal ... promulgate rules to govern future conduct. The constitutional prohibitions against
the enactment of ex post facto laws and bills of attainder reflect a valid concern
about
https://www.justice.gov/epstein/files/DataSet%209/EFTA00213246.pdf
EFTA01186577Set 9
2016-03-0929p10,216w
DECLARATORY RELIEF
Plaintiffs,
16 [Violation of First and Fifth
VS. Amendments and the Ex Post Facto
17 Clause]
JOHN KERRY, in his official capacity as
18 Secre of State ... Fifth Amendment to the United States Constitution, as well as the Ex Post Facto
15 Clause of the United States Constitution.
16 7. Specifically, and as more fully alleged herein ... violate the First Amendment, the Fifth Amendment, and the Ex Post Facto Clause
20 of the United States Constitution.
21 11. This court has jurisdiction over this action under
https://www.justice.gov/epstein/files/DataSet%209/EFTA01186577.pdf
EFTA01106183Set 9
2016-03-0929p10,208w
DECLARATORY RELIEF
Plaintiffs,
16 [Violation of First and Fifth
VS. Amendments and the Ex Post Facto
17 Clause]
JOHN KERRY, in his official capacity as
18 Secre of State ... Fifth Amendment to the United States Constitution, as well as the Ex Post Facto
15 Clause of the United States Constitution.
16 7. Specifically, and as more fully alleged herein ... violate the First Amendment, the Fifth Amendment, and the Ex Post Facto Clause
20 of the United States Constitution.
21 11. This court has jurisdiction over this action under
https://www.justice.gov/epstein/files/DataSet%209/EFTA01106183.pdf
EFTA00607113Set 9
2015-04-0646p12,645w
grounds that SORNA violates the Commerce Clause, the Tenth Amendment, and the
Ex Post Facto Clause of the U.S. Constitution. Next, Mr. White attacks his sentence,
claiming the district court ... Clause power, and
that it does not violate the Tenth Amendment or the Ex Post Facto Clause. But we
conclude the district court erred in classifying Mr. White ... indictment, arguing that SORNA violates the
Commerce Clause, the Tenth Amendment, and the Ex Post Facto Clause. The district
court denied Mr. White's motion to dismiss and Mr. White
https://www.justice.gov/epstein/files/DataSet%209/EFTA00607113.pdf
EFTA01091933Set 9
64p33,998w
laws. In Smith v. Doe, the
Court grappled with whether registration schemes violated ex post facto
principles by requiring retroactive application to offenders convicted
prior to the enactment ... held that
because sex offender registration laws are regulatory in nature, the
constitutional ex post facto principle is inapplicable? while Connecticut
Department of Public Safety determined that procedural due process ... implement SORNA' enabled the Court to avoid the
fundamental question of whether ex post facto principles are violated by
the arguably punitive nature of registration schemes. Therefore, even
https://www.justice.gov/epstein/files/DataSet%209/EFTA01091933.pdf
EFTA00028903Set 8
2021-01-1122p6,173w
retroactively (Opp. 26-27), most of those cases analyzed the issue under the Ex Post Facto
Clause and gave little, if any, consideration to congressional intent regarding retroactivity (as
opposed ... S.D.N.Y. Aug. 9, 2018) (addressing only Ex Post Facto clause); or United
States v. Sensi, No. 08 Cr. 253, 2010 WL 2351484, at *3 (D. Conn. June 7, 2010) (same ... charges—indeed, as the government points out, the former raises issues under the Ex Post
Facto Clause—it sheds no light on the issue of statutory interpretation here, particularly
https://www.justice.gov/epstein/files/DataSet%208/EFTA00028903.pdf