Honeycutt v. United States
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 16-142 | 6th Cir. | Mar 29, 2017 | 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, June 6, 2017)
- Argument analysis: A seemingly unanimous and unsurprising view that the statutory term “obtained” limits forfeiture (Rory Little, March 29, 2017)
- Argument preview: Can a conspiracy defendant be ordered to forfeit proceeds he never obtained? (Rory Little, March 22, 2017)
- Justices add drug forfeiture case to merits docket (Amy Howe, December 9, 2016)
- Petition of the day (Kate Howard, August 24, 2016)
| Date | Proceedings and Orders |
|---|---|
| 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. |
