Honeycutt v. United States

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
16-142	6th Cir.	Mar 29, 2017 Tr.Aud.	Jun 5, 2017	8-0	Sotomayor	OT 2016

Holding: Because forfeiture pursuant to Section 853(a)(1) of the Comprehensive Forfeiture Act of 1984 is limited to property the defendant himself actually acquired as the result of the crime, that provision does not permit forfeiture with regard to Terry Honeycutt, who had no ownership interest in his brother's store and did not personally benefit from the illegal sales.

Judgment: Reversed, 8-0, in an opinion by Justice Sotomayor on June 5, 2017. Justice Gorsuch took no part in the consideration or decision of the case.

SCOTUSblog Coverage

Opinion analysis: No joint and several liability for federal conspiracy forfeitures (Rory Little)
Argument analysis: A seemingly unanimous and unsurprising view that the statutory term “obtained” limits forfeiture (Rory Little)
Argument preview: Can a conspiracy defendant be ordered to forfeit proceeds he never obtained? (Rory Little)
Justices add drug forfeiture case to merits docket (Amy Howe)
Petition of the day (Kate Howard)

Date	Proceedings and Orders (key to color coding)
Jul 29 2016	Petition for a writ of certiorari filed. (Response due August 31, 2016)
Aug 24 2016	Order extending time to file response to petition to and including September 30, 2016.
Sep 19 2016	Order further extending time to file response to petition to and including October 31, 2016.
Oct 31 2016	Brief of respondent United States in opposition filed.
Nov 14 2016	Reply of petitioner Terry Michael Honeycutt filed.
Nov 15 2016	DISTRIBUTED for Conference of December 2, 2016.
Dec 5 2016	DISTRIBUTED for Conference of December 9, 2016.
Dec 9 2016	Petition GRANTED.
Dec 22 2016	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioner.
Dec 30 2016	Motion to dispense with printing the joint appendix filed by petitioner Terry Michael Honeycutt.
Jan 9 2017	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent.
Jan 23 2017	Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Jan 23 2017	Brief of petitioner Terry Michael Honeycutt filed.
Jan 30 2017	Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Feb 3 2017	SET FOR ARGUMENT on Wednesday, March 29, 2017
Feb 6 2017	Record requested from the U.S.C.A. 6th Circuit.
Feb 7 2017	Record received from the U.S.C.A. 6th Circuit. The record is electronic and available on PACER. One restricted document also received.
Feb 22 2017	CIRCULATED.
Feb 22 2017	Brief of respondent United States filed. (Distributed)
Mar 20 2017	Reply of petitioner Terry Michael Honeycutt filed. (Distributed)
Mar 29 2017	Argued. For petitioner: Adam G. Unikowsky, Washington, D. C. For respondent: Brian H. Fletcher, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
Jun 5 2017	Judgment REVERSED. Sotomayor, J., delivered the opinion of the Court, in which all other Members joined, except Gorsuch, J., who took no part in the consideration or decision of the case.
Jul 7 2017	JUDGMENT ISSUED.

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Honeycutt v. United States

SCOTUSblog Coverage

Featured Posts

Reargument analysis: Justices seek a “middle position” in takings litigation case – Miriam Seifter

Argument analysis: Justices have strong views about removal of class actions – Ronald Mann

Opinion analysis: Interesting 5-4 coalition holds that the ACCA reaches robberies that require force sufficient to overcome resistance (Corrected) – Rory Little

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