Toussie
PersonRelationship Network
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This legal document presents an argument that all charges against the Appellant should be dismissed because they are barred by the five-year statute of limitations for noncapital offenses. The document contends that the Government's reliance on a specific exception (18 U.S.C. § 3283) for crimes against children is an overreach and warns that a broad interpretation of this statute could have significant negative consequences within the judicial circuit.
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This legal document argues that the District Court's application of statute § 3283 is improper because it creates "impermissible retroactive effects" without explicit authorization from Congress. The author cites several legal precedents, including Landgraf and U.S. v. Richardson, to support the established legal principle against the retroactive application of statutes, particularly criminal statutes of limitations. The document contends that because clear congressional intent for retroactivity is absent, the District Court's decision must be reversed.
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This document is page 35 (pacer page 62) of a legal filing in the case United States v. Ghislaine Maxwell. The text is a legal analysis rejecting Maxwell's arguments to dismiss the indictment based on the statute of limitations. The court distinguishes the precedents cited by Maxwell (specifically Thom v. Ashcroft and Toussie v. United States), arguing that they do not prevent the retroactive application of the relevant statute of limitations.
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This legal document, filed on February 4, 2021, argues against the retroactive application of a 2003 Amendment to the alleged offenses of Ms. Maxwell. The author contends that Congressional intent was clear in rejecting retroactivity and that applying the amendment would have impermissible effects. The argument is supported by legal precedents, including Landgraf, Toussie, and Gentile, which favor interpreting criminal statutes of limitation in a way that provides 'repose' for the defendant.
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