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
EFTA01186577Set 9
2016-03-0929p10,216w
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 ... Document 31 Filed 03/09/16 Page 27 of 29
1 SEVENTH CLAIM
2 (Ex Post Facto Clause)
3 83. Plaintiffs re-allege paragraphs 1 through 82 of this Complaint as though ... Covered Individuals, Defendants are imposing retroactive punishment in violation of
7 the Ex Post Facto Clause of the United States Constitution.
8 85. By applying the Notification and Passport Identifier
https://www.justice.gov/epstein/files/DataSet%209/EFTA01186577.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 ... 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/EFTA00207722.pdf
EFTA00726931Set 9
2010-07-0220p15,549w
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 ... Offender Registration and Notification Act (SORNA), 18 USCS § 2250, did not
violate Ex Post Facto Clause by retroactively increasing punishment for past offenses; SORNA was both civil in its
stated
https://www.justice.gov/epstein/files/DataSet%209/EFTA00726931.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
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
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
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
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
EFTA01106183Set 9
2016-03-0929p10,208w
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 ... Document 31 Filed 03/09/16 Page 27 of 29
1 SEVENTH CLAIM
2 (Ex Post Facto Clause)
3 83. Plaintiffs re-allege paragraphs 1 through 82 of this Complaint as though ... Covered Individuals, Defendants are imposing retroactive punishment in violation of
7 the Ex Post Facto Clause of the United States Constitution.
8 85. By applying the Notification and Passport Identifier
https://www.justice.gov/epstein/files/DataSet%209/EFTA01106183.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
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
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
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 ... 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/EFTA00213246.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
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
EFTA00103709Set 9
2018-08-0925p6,523w
barred claim is not merely an impermissible effect under Landgraf; it violates the
Ex Post Facto Clause. Stogner v. California, 539 U.S. 607, 618 (2003).4 As Landgraf itself
recognized ... however, the principle against retroactivity is not simply an application of the Ex
Post Facto Clause; rather, it is a "deeply rooted" presumption based on "[e]lementary
considerations" of fundamental ... Landgraf should be read
as providing protections broader than simply violations of the Ex Post Facto Clause, and as
prohibiting retroactive application of a criminal statute of limitations
https://www.justice.gov/epstein/files/DataSet%209/EFTA00103709.pdf