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Honeycutt v. United States

Docket No.16-142
Op. Below6th Cir.
ArgumentMar 29, 2017

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 Sonia Sotomayor on Jun 5, 2017. Justice Gorsuch took no part in the consideration or decision of the case.

Proceedings & orders timeline

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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