Case 9:08-cv-80736-KAM Document 181 Entered on FLSD Docket 12/10/2012 Page 1 of 4 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 08-80736-Civ-Marra JANE DOE #1 and JANE DOE #2 v. UNITED STATES SUPPLEMENTAL AUTHORITY IN SUPPORT OF JANE DOE #1 AND JANE DOE #2'S RESPONSE TO GOVERNMENT'S SEALED MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION COME NOW Jane Doe #1 and Jane Doe #2 (also referred to as "the victims"), by and through undersigned counsel, to provide supplemental authority in support of their Response to Government's Sealed Motion to Dismiss for Lack of Subject Matter Jurisdiction (DE 127). At issue in these pleadings is whether the victims' petition for enforcement of their CVRA rights (filed in July 2008) should now be dismissed for a purported lack of subject matter jurisdiction. The Government has pointed to certain limitations on relief found in the CVRA as somehow restricting the victims' ability to obtain relief. Those limitations, found in 18 U.S.C. § 3771(d)(5), apply only to crime victims' efforts to obtain a "new trial" or to "re-open a plea or sentence," as the victims specifically argued in their Response. See DE 127 at 5. In a recently-published decision, the Fifth Circuit reversed a district court ruling and agreed with the victims' interpretation of the statute. In In re M, ---F.3d---, 2012 WL 4009717 (5th Cir. 2012), the Fifth Circuit refused to apply certain time limits found in § 377I(d)(5) to crime victims seeking relief under the Act. The Fifth Circuit held that: "Because 1 EFTA02753923