DOJ-OGR-00005188.jpg
780 KB
Extraction Summary
6
People
4
Organizations
0
Locations
0
Events
0
Relationships
4
Quotes
Document Information
Type:
Court filing (handwritten legal argument/notes)
File Size:
780 KB
Summary
This document is a handwritten page from a court filing (Case 1:20-cr-00330-PAE, USA v. Ghislaine Maxwell) containing legal arguments regarding statutes of limitations and definitions of sexual abuse. The author critiques the Fifth Circuit's interpretation of 18 USC statutes (specifically §3283, §3509, and §2251), arguing that procedural rules and statutes of limitations are not comparable and citing various case law precedents to support the argument. It concludes with a note about Biden's 1990 Senate bill S. 1965.
People (6)
| Name | Role | Context |
|---|---|---|
| Biden | Legislator (Senator at the time) |
Mentioned in relation to S. 1965 (1990) legislation regarding stay language and limitations.
|
| Schmidt | Legal Party |
Named in case citation Wachovia Bank V. Schmidt.
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| McElaney | Defendant |
Named in case citation United States v McElaney.
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| Contreras | Plaintiff |
Named in case citation Contreras v. Holder.
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| Holder | Defendant |
Named in case citation Contreras v. Holder.
|
| Rodriguez | Defendant |
Named in case citation United States v. Rodriguez.
|
Organizations (4)
| Name | Type | Context |
|---|---|---|
| Fifth Circuit Court of Appeals |
Criticized for its 'non-principled interpretation' and 'holistic' approach regarding statutes.
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| Wachovia Bank |
Named in case citation.
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| United States Supreme Court |
Implied by U.S. citation (546 U.S. 303).
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| Department of Justice (DOJ) |
Indicated by Bates stamp DOJ-OGR.
|
Key Quotes (4)
"Simply put, there was never any In Pari Materia between Courtroom procedural rules and the Statute of limitations."Source
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Quote #1
"The Second major problem with the Fifth Circuit's non-principled interpretation is that it is not "holistic.""Source
DOJ-OGR-00005188.jpg
Quote #2
"The fact §3283 defines child itself... and §3509(a) doesn't include either physical abuse or kidnapping was just ignored entirely."Source
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Quote #3
"[3509] is "directly contrary to the definitional method mandated in our Circuit.""Source
DOJ-OGR-00005188.jpg
Quote #4
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