Skip to main content

Are you a legal professional? Visit our professional site

Please enter a legal issue and/or a location
Begin typing to search, use arrow keys to navigate, use enter to select

Find a Lawyer

More Options

US v. Marcus, No. 07-4005

By FindLaw Staff on December 07, 2010 11:01 AM

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)."

Related Resources

You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help

Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.

Or contact an attorney near you:
Copied to clipboard