McIntosh v. United States
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 22-7386 | 2nd Cir. |
Feb 27, 2024 |
Apr 17, 2024 | 9-0 | Sotomayor | OT 2023 |
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.
Judgment: Affirmed, 9-0, in an opinion by Justice Sotomayor on April 17, 2024.
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| Date | Proceedings and Orders |
|---|---|
| Apr 24 2023 | Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 30, 2023) |
| May 22 2023 | Motion to extend the time to file a response from May 30, 2023 to June 29, 2023, submitted to The Clerk. |
| May 23 2023 | Motion to extend the time to file a response is granted and the time is extended to and including June 29, 2023. |
| Jun 07 2023 | Motion to extend the time to file a response from June 29, 2023 to July 31, 2023, submitted to The Clerk. |
| Jun 09 2023 | Motion to extend the time to file a response is granted and the time is further extended to and including July 31, 2023. |
| Jul 31 2023 | Brief of respondent United States in opposition filed. |
| Aug 17 2023 | DISTRIBUTED for Conference of 9/26/2023. |
| Sep 29 2023 | Motion of petitioner to proceed in forma pauperis granted. The petition for a writ of certiorari GRANTED limited to Question 1 presented by the petition. |
| Oct 11 2023 | Motion for an extension of time to file the briefs on the merits filed. |
| Oct 17 2023 | Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including November 27, 2023. The time to file respondent's brief on the merits is extended to and including January 10, 2024. |
| Nov 27 2023 | Brief of petitioner Louis McIntosh filed. |
| Nov 27 2023 | Joint appendix filed. (Statement of costs filed) |
| Dec 04 2023 | Brief amicus curiae of New York Council of Defense Lawyers filed. |
| Dec 04 2023 | Brief amicus curiae of National Association of Criminal Defense Lawyers filed. |
| Jan 05 2024 | SET FOR ARGUMENT on Tuesday, February 27, 2024. |
| Jan 10 2024 | Record requested from the United States Court of Appeals for the Second Circuit. |
| Jan 10 2024 | Brief of respondent United States filed. |
| Jan 11 2024 | CIRCULATED. |
| Jan 11 2024 | Record received from the United States Court of Appeals for the Second Circuit. The record is electronic and is available with the Clerk. |
| Jan 24 2024 | Record received from the United States District Court for the Southern District of New York (one envelope). |
| Feb 09 2024 | Reply of petitioner Louis McIntosh filed. (Distributed) |
| Feb 27 2024 | Argued. For petitioner: Steven Y. Yurowitz, New York, N. Y. For respondent: Matthew Guarnieri, Assistant to the Solicitor General, Department of Justice, Washington, D. C. |
| Apr 17 2024 | Adjudged to be AFFIRMED. Sotomayor, J., delivered the opinion for a unanimous Court. |
