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Extracted Text (OCR)
Case 22-1426, Document 79, 06/29/2023, 3536060, Page52 of 93
39
the charges against Maxwell did not expire before the
statute of limitations was extended. Thus, unlike En-
terprise, where resurrection of expired claims would
have “stripp[ed] [defendants] of a complete affirmative
defense they previously possessed,” id. at 410, here
Maxwell never possessed that complete defense. Judge
Nathan correctly concluded that the 2003 amendment
accordingly “did not deprive [Maxwell] of any vested
rights.” (A.153).
To be sure, this Court has observed that there may
be “colorable arguments” that “the logic of Enterprise
extends to criminal cases where the defendant’s stat-
ute of limitations defense had not vested when the lim-
itations period was extended” because the extension
“increases the period of time during which a defend-
ant can be sued,’ thereby ‘increasing a defendant’s lia-
bility for past conduct.” Weingarten, 865 F.3d at 57
(quoting Enterprise, 391 F.3d at 410); see also United
States v. Miller, 911 F.3d 638, 644-46 (1st Cir. 2018)
(discussing potential defense arguments). But such a
claim runs headlong into “the vast weight of retroac-
tivity decisions,” which recognize that “revoking a
vested statute of limitations defense is different from
retroactively extending the filing period for a still-via-
ble claim.” Weingarten, 865 F.3d at 57 (collecting
cases).
For example, “in the criminal context, there is a
consensus that extending a limitations period before
prosecution is time-barred does not run afoul of the Ex
Post Facto Clause of the Constitution.” Cruz v. Maypa,
773 F.3d 138, 145 (4th Cir. 2014); see also Stogner, 539
U.S. at 632 (holding that the Ex Post Facto Clause
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Extracted Information
Dates
Document Details
| Filename | DOJ-OGR-00021699.jpg |
| File Size | 678.5 KB |
| OCR Confidence | 94.5% |
| Has Readable Text | Yes |
| Text Length | 1,726 characters |
| Indexed | 2026-02-03 20:16:11.132320 |