Episode Details

Oral Argument: McIntosh v. United States | Case No. 22-7386 | Date Argued: 2/27/24 | Date Decided: 4/17/24

Link to Docket: Here.

Question Presented: Whether a district court may enter a criminal forfeiture order outside the time limitations set forth in Rule 32.2, Fed.R.Crim.P.?

Holding: A district court's failure to comply with Federal Rule of Criminal Procedure 32.2(b)(2)(B)'s requirement to enter a preliminary order imposing criminal forfeiture before sentencing does not bar a judge from ordering forfeiture at sentencing subject to harmless-error principles on appellate review.

Result: Affirmed.

Voting Breakdown: 9-0. Justice Sotomayor delivered the opinion for a unanimous Court.

Link to Opinion: Here.

Oral Advocates:

• For Petitioner: Steven Y. Yurowitz, New York, N. Y.
• For Respondent: Matthew Guarnieri, Assistant to the Solicitor General, Department of Justice, Washington, D.C.