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Tykarsky

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location United States
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DOJ-OGR-00014767.jpg

This document is page 20 of a court transcript (Document 779) filed on August 22, 2022, in Case 1:20-cr-00330-PAE (USA v. Ghislaine Maxwell). The text records a defense attorney arguing that determining when offense conduct ended is a matter for the jury, specifically to avoid Ex Post Facto violations regarding sentencing guidelines. The speaker cites the 'Tykarsky' opinion and distinguishes the current situation from 'Apprendi' case law.

Court transcript / legal filing
2025-11-20
Analysis Source

DOJ-OGR-00010424.jpg

This legal document, part of a court filing, argues that Ms. Maxwell must be sentenced under the 2003 Guidelines rather than the harsher 2004 Guidelines. It asserts that applying the 2004 Guidelines would violate the Ex Post Facto Clause unless a jury, not the judge, found that her criminal conduct continued past November 1, 2004. Since the jury made no such finding, the court is bound to use the earlier guidelines.

Legal document
2025-11-20
Analysis Source

DOJ-OGR-00010421.jpg

This document is page 4 of a 29-page legal filing (Document 662) in case 1:20-cr-00330-PAE, filed on June 15, 2022. It is a table of authorities listing various court cases, statutes such as the 'Child Protection and Sexual Predator Punishment Act of 1998', and other sources like the Merriam-Webster dictionary and United States Sentencing Guidelines. The page numbers where these authorities are cited within the main document are also provided.

Legal document
2025-11-20
Analysis Source

DOJ-OGR-00011539.jpg

This document is a page from a court transcript dated July 22, 2022, where an attorney argues a legal point to a judge. The attorney contends that determining the end date of an offense, which is critical for an Ex Post Facto Clause violation claim, is a factual question for the jury, not a Sixth Amendment issue for the judge as per the Apprendi line of cases. The attorney cites the 'Tykarsky' opinion as support and notes that the government has not responded to this specific argument.

Legal document
2025-11-20
Analysis Source
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