No. 22-7386October Term 2023Decided Apr 17, 2024
McIntosh v. United States
The Supreme Court ruled unanimously that a district court's failure to enter a preliminary forfeiture order before sentencing, as required by federal rules, does not prevent the judge from ordering forfeiture at the final sentencing hearing.
Case status
- Current stage
- Decided
- Latest event
- Decision released Apr 17, 2024
- What it's about
The Supreme Court ruled unanimously that a district court's failure to enter a preliminary forfeiture order before sentencing, as required by federal rules, does not prevent the judge from ordering forfeiture at the final sentencing hearing. The Court classified the rule as a time-related directive rather than a mandatory deadline that would strip the court of its power to act.
Question presented
May a district court enter a criminal forfeiture order when the time limit specified in the Federal Rules of Criminal Procedure has already passed?
- Case path
United States Court of Appeals for the Second Circuit / Decision released Apr 17, 2024
- Area
Criminal Procedure
Timing
Decided April 17, 2024
The Court released its decision 50 days after oral argument on February 27, 2024. The median for cases argued in February is 106 days.
Documents
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Grounding
- Grounding
- Primary-source trail available.
- Note
- Plain-English explainer. Official filings and opinions remain authoritative.
- Checked
- Mar 30, 2026
- Method
- Methodology