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 |
|---|---|
| 04/24/2023 | Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 30, 2023) |
| 05/22/2023 | Motion to extend the time to file a response from May 30, 2023 to June 29, 2023, submitted to The Clerk. |
| 05/23/2023 | Motion to extend the time to file a response is granted and the time is extended to and including June 29, 2023. |
| 06/07/2023 | Motion to extend the time to file a response from June 29, 2023 to July 31, 2023, submitted to The Clerk. |
| 06/09/2023 | Motion to extend the time to file a response is granted and the time is further extended to and including July 31, 2023. |
| 07/31/2023 | Brief of respondent United States in opposition filed. |
| 08/17/2023 | DISTRIBUTED for Conference of 9/26/2023. |
| 09/29/2023 | 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. |
| 10/11/2023 | Motion for an extension of time to file the briefs on the merits filed. |
| 10/17/2023 | 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. |
| 11/27/2023 | Brief of petitioner Louis McIntosh filed. |
| 11/27/2023 | Joint appendix filed. (Statement of costs filed) |
| 12/04/2023 | Brief amicus curiae of New York Council of Defense Lawyers filed. |
| 12/04/2023 | Brief amicus curiae of National Association of Criminal Defense Lawyers filed. |
| 01/05/2024 | SET FOR ARGUMENT on Tuesday, February 27, 2024. |
| 01/10/2024 | Record requested from the United States Court of Appeals for the Second Circuit. |
| 01/10/2024 | Brief of respondent United States filed. |
| 01/11/2024 | CIRCULATED. |
| 01/11/2024 | Record received from the United States Court of Appeals for the Second Circuit. The record is electronic and is available with the Clerk. |
| 01/24/2024 | Record received from the United States District Court for the Southern District of New York (one envelope). |
| 02/09/2024 | Reply of petitioner Louis McIntosh filed. (Distributed) |
| 02/27/2024 | 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. |
| 04/17/2024 | Adjudged to be AFFIRMED. Sotomayor, J., delivered the opinion for a unanimous Court. |
| 05/20/2024 | Judgment Issued. |
| 08/22/2024 | Record returned to the United States District Court for the Southern District of New York. |