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
Documents
Related cases




Grounding
- Grounding
- Primary-source trail available.
- Note
- Plain-English explainer. Official filings and opinions remain authoritative.
- Checked
- Mar 30, 2026
- Method
- Methodology