US v. Marcus, No. 07-4005 - U.S. Second Circuit
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US v. Marcus, No. 07-4005

Trafficking Victims Protection Act Conviction Partially Affirmed

In US v. Marcus, No. 07-4005, the court affirmed defendant's forced labor conviction under the Trafficking Victims Protection Act (TVPA), holding that defendant offered no explanation for how his pre-enactment conduct differed from his post-enactment conduct in a manner that would lead the court to conclude that there was a reasonable probability that the jury would not have convicted defendant absent the district court's due process error.  However, the court vacated defendant's conviction for sex trafficking under the TVPA where there was a reasonable probability that the erroneous jury charge affected the outcome of the trial and affected the fairness, integrity or public reputation of the proceedings.

 

As the court wrote:  "Defendant-Appellant was convicted following a jury trial on charges of violating the forced labor and sex trafficking provisions of the Trafficking Victims Protection Act ("TVPA"), 18 U.S.C. §§ 1589, 1591. In an opinion dated August 14, 2008, this Court vacated the judgment and remanded the case on the ground that, under plain error review, Marcus's convictions violated the Ex Post Facto Clause. United States v. Marcus, 538 F.3d 97 (2d Cir. 2008) (per curiam)."

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