Enter. Mortg. Acceptance Co., LLC
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This document is an excerpt from a legal filing or opinion, discussing the application of a statute of limitations (§ 3283) in a case involving Maxwell. It focuses on whether the 2003 amendment to § 3283, which extended the statute of limitations for child sexual abuse and kidnapping offenses, can be applied retroactively to pre-enactment conduct, citing Supreme Court precedent on statutory retroactivity.
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This legal document, part of a court filing, argues that the 2003 PROTECT Act's amendment to § 3283 should be applied retroactively. The document asserts that Congress's intent was to eliminate the statute of limitations for certain child abuse offenses, even for conduct that occurred before the law was enacted, and therefore it applies to the conduct of an individual named Maxwell as charged in an indictment.
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This legal document, part of a court filing, analyzes whether a statute can be retroactively applied to prosecute the defendant, Maxwell. The court concludes that applying the PROTECT Act does not have impermissible retroactive effects because it did not deprive Maxwell of any vested rights, as the original statute of limitations had not expired when the Act was passed. The document also dismisses Maxwell's fairness argument as a policy disagreement with Congress and affirms that the government's delay in bringing charges did not violate due process, citing the statute of limitations as the primary safeguard against stale charges.
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This legal document argues that the 2003 amendment to federal statute § 3283, enacted as part of the PROTECT Act, applies retroactively. The document asserts that the clear text of the amendment, which eliminates the statute of limitations for certain child abuse offenses, shows Congress's intent to cover past conduct, and therefore applies to Maxwell's conduct as charged in the Indictment.
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