United States Second Circuit

Conviction and sentence for violation of sex trafficking statute, the forced labor statute, and the Trafficking Victims Protection Act (TVPA) is vacated and the matter is remanded where: 1) district court committed plain error in failing to instruct the jury with respect to the date of the enactment of TVPA; and 2) the application of the TVPA in such a manner constituted an Ex Post Facto Clause violation, and the conviction must be vacated under applicable precedent.

Appellate Information

• Decided 08/14/2008
• Published 08/14/2008

Judges

• Before:  STRAUB, SOTOMAYOR and WESLEY, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Herald Price Fahringer (Erica T. Dubno, on the brief), Fahringer & Dubno, New York, NY, for Defendant-Appellant., Pamela Chen, Assistant United States Attorney (Peter A. Norling, Assistant United States Attorney, Benton J. Campbell, United States Attorney, Grace Chung Becker, Acting Assistant Attorney General, Jessica Dunsay Silver, Tovah R. Calderon, Attorneys, Department of Justice, Civil Rights Division, Appellate Section, on the brief) Eastern District of New York, Brooklyn, NY, for Appellee.