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McIntosh v. United States

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Supreme Court of the United States
McIntosh v. United States
Term: 2023
Important Dates
Argued: February 27, 2024
Decided: April 17, 2024
Outcome
affirmed
Vote
9-0
Majority
Sonia SotomayorChief Justice John RobertsClarence ThomasSamuel AlitoElena KaganNeil GorsuchBrett KavanaughAmy Coney BarrettKetanji Brown Jackson

McIntosh v. United States is a case that was decided by the Supreme Court of the United States on April 17, 2024, during the court's October 2023-2024 term. The case was argued before the Supreme Court of the United States on February 27, 2024.

The Court affirmed the decision of the United States Court of Appeals for the Second Circuit in a 9-0 ruling, holding that the forfeiture order against McIntosh could still be ordered. Justice Sonia Sotomayor delivered the majority opinion of the court.

HIGHLIGHTS
  • The issue: The case concerned Federal Rules of Criminal Procedure, Rule 32.2. Click here to learn more about the case's background.
  • The questions presented: Whether a district court may enter a criminal forfeiture order outside the time limitations set forth in Federal Rules of Criminal Procedure, Rule 32.2?[1]
  • The outcome: The U.S. Supreme Court affirmed the United States Court of Appeals for the Second Circuit judgment.

  • The case came on a writ of certiorari to the United States Court of Appeals for the Second Circuit. To review the lower court's opinion, click here.

    Timeline

    The following timeline details key events in this case:

    • April 17, 2024: The U.S. Supreme Court affirmed the United States Court of Appeals for the Second Circuit judgment.
    • February 27, 2024: The U.S. Supreme Court heard oral argument.
    • September 29, 2023: The U.S. Supreme Court agreed to hear the case.
    • April 24, 2023: Louis McIntosh, the petitioner, appealed to the U.S. Supreme Court.
    • January 25, 2023: The United States Court of Appeals for the Second Circuit decided to vacate Count Two of McIntosh's conviction; reversed the district court's dismissal of Count Five; affirmed the district court's dismissal of Count Six; affirmed the district court's decision on Counts Seven, Eight, Twelve, and Fourteen; vacated the lower court's forfeiture order; and remanded the case.[2]

    Background

    In August 2013, Louis McIntosh was convicted by a district court jury on multiple robbery and gun charges. While the district court vacated some counts, it imposed a forfeiture order on some of McIntosh's property. McIntosh appealed the decision, citing errors in the district court's opinion, including inconsistent forfeiture amounts.

    Following the appeals process, the government submitted a preliminary forfeiture order—two and a half years after McIntosh's initial sentencing. On appeal, McIntosh argued to the district court that the government's delayed submission violated the "as soon as practical after the verdict" standard outlined in Rule 32.2(b) of the Federal Rules of Criminal Procedure. Notably, during the sentencing process, the district court allowed the government an additional week after the initial sentencing to submit the preliminary order, but failed to do so. Both the district court and the United States Court of Appeals for the Second Circuit rejected this argument, and upheld the order as submitted.

    Questions presented

    The petitioner presented the following questions to the court:[1]

    Questions presented:
    Whether a district court may enter a criminal forfeiture order outside the time limitations set forth in Federal Rules of Criminal Procedure, Rule 32.2?

    [3]

    Oral argument

    Audio

    Audio of oral argument:[4]



    Transcript

    Transcript of oral argument:[5]

    Outcome

    In a 9-0 opinion, the court affirmed the judgment of the United States Court of Appeals for the Second Circuit, holding that the time limit as outlined in Federal Rules of Criminal Procedure, Rule 32.2 was a time-related directive, and, therefore can be enforced, even if a set deadline has passed. Time-related directives, as explained by the court, are added to encourage public officials to seek an outcome by a certain time. Even if the deadline established by the time-related directive has passed, public officials cannot be striped of their authority to enforce the order. Justice Sonia Sotomayor delivered the opinion of the court.[6]

    Opinion

    In the court's majority opinion, Justice Sonia Sotomayor wrote:[6]

    Because Rule 32.2(b)(2)(B) is a time-related directive that, if missed, does not deprive a district court of its power to order forfeiture, the judgment of the Court of Appeals for the Second Circuit is affirmed. [3]

    —Justice Sonia Sotomayor

    Text of the opinion

    Read the full opinion here.






    October term 2023-2024

    See also: Supreme Court cases, October term 2023-2024

    The Supreme Court began hearing cases for the term on October 2, 2023. The court's yearly term begins on the first Monday in October and lasts until the first Monday in October the following year. The court generally releases the majority of its decisions in mid-June.[7]


    See also

    External links

    Footnotes