Supreme Court of the United States
McIntosh v. United States
April 17, 2024601 U.S. 330
Summary
The Supreme Court held that a district court's failure to enter a preliminary forfeiture order before sentencing under Rule 32.2(b)(2)(B) does not deprive the court of authority to order forfeiture, and such non‑compliance is reviewed under harmless‑error principles. The Court classified the rule as a time‑related directive rather than a mandatory claim‑processing rule.
Holding
- Whether a district court that fails to comply with Rule 32.2(b)(2)(B)'s requirement to enter a preliminary forfeiture order before sentencing is powerless to order forfeiture.. A district court’s failure to enter a preliminary forfeiture order before sentencing does not bar the court from ordering forfeiture; the rule is a time‑related directive and the error is reviewed under harmless‑error principles.
Docket 22-7386
Cited authorities
- CA11
- Fed. R. Crim. P. 32.2(b)(2)(B)
- Fed. R. Crim. P. 32.2
- 18 U.S.C. §3664