Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Supreme Court hears dispute over timing of forfeiture orders under Rule 32.2(b)
Summary
At oral argument in McIntosh v. United States (No. 227386), counsel for the petitioner argued that Rule 32.2(b) requires district courts to enter a preliminary order of forfeiture before sentencing and that failure to do so defeats the government's ability to seek forfeiture; the government urged the omission is subject to harmless‑error review and remand.
Counsel for the petitioner told the Supreme Court that Federal Rule of Criminal Procedure 32.2(b) “states in unequivocal terms that a district court must enter a preliminary order of forfeiture prior to sentencing,” and argued that failure to comply is a mandatory claims‑processing violation that can be fatal to the government’s ability to obtain forfeiture. The petitioner emphasized procedural due process and finality and warned that third‑party claimants are prejudiced when notice and a preliminary order arrive late.
Counsel for the United States conceded the timing requirement in Rule 32.2(b)(2)(B) is mandatory but urged the Court to focus on consequences: when a district court makes a…
Already have an account? Log in
Subscribe to keep reading
Unlock the rest of this article — and every article on Citizen Portal.
- Unlimited articles
- AI-powered breakdowns of topics, speakers, decisions, and budgets
- Instant alerts when your location has a new meeting
- Follow topics and more locations
- 1,000 AI Insights / month, plus AI Chat