McIntosh v. United States
View Official PDFBelow are plain-language sections to help you understand what the Court decided in McIntosh v. United States and why it matters. Quotes are taken from the syllabus (the Court’s short summary at the start of the opinion).
Summary
A short, plain-English overview of McIntosh v. United States.
The Supreme Court reviewed whether a district court's failure to comply with Federal Rule of Criminal Procedure 32.2(b)(2)(B) affects its ability to order forfeiture at sentencing. The Court determined that the rule is a time-related directive, allowing forfeiture despite missed deadlines if it does not prejudice the defendant. The decision affirms the Second Circuit's ruling that noncompliance is subject to harmless-error review.
Holding
The single most important “bottom line” of what the Court decided in McIntosh v. United States.
The Court held that a district court's failure to comply with Rule 32.2(b)(2)(B)'s timing requirement does not bar ordering forfeiture at sentencing, subject to harmless-error review.
Constitutional Concepts
These are the Constitution-related themes that appear in McIntosh v. United States. Click a concept to see other cases that involve the same idea.
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Why Procedural Due Process is relevant to McIntosh v. United States
The case involves the procedural requirements for entering a forfeiture order and whether noncompliance with timing rules affects due process.
Syllabus excerpt (verbatim)McIntosh's invocation of the Rule's purpose—to ensure due process and promote judicial economy—falls flat.
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Why Remedies and Relief is relevant to McIntosh v. United States
The Court discusses the ability of the district court to order forfeiture despite missing a procedural deadline, which relates to the scope of judicial remedies.
Syllabus excerpt (verbatim)A district court's failure to comply with Rule 32.2(b)(2)(B)'s requirement to enter a preliminary order before sentencing does not bar a judge from ordering forfeiture at sentencing subject to harmless-error principles on appellate review.
Key Quotes
Short excerpts from the syllabus in McIntosh v. United States that support the summary and concepts above.
The Court agrees with the Second Circuit and the Government that Rule 32.2(b)(2)(B) establishes a time-related directive.
Noncompliance with Rule 32.2(b)(2)(B) is a procedural error subject to harmlessness review.
The Rule is directed exclusively to the sentencing court.