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No. 22-7386October Term 2023Decided Apr 17, 2024

Docket 22-7386October Term 2023 (2023–2024)

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
Case AcceptedSep 29, 2023
Arguments HeardFeb 27, 2024
Decision ReleasedApr 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