United States v. Marcus

WESLEY, Circuit Judge:

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).

The Supreme Court reversed and remanded. Noting that Marcus’s contention implicated the Due Process Clause, 1 the…