McIntosh v. United States, 601 U.S. 330 (2024)

In a case in which a jury convicted the defendant on multiple counts of Hobbs Act robbery and firearm offenses, the United States Supreme Court held that district court’s failure to comply with Fed. R. Crim. P. 32.2(b)(2)(B)’s requirement to enter a preliminary order of forfeiture prior to sentencing did not deprive the judge of the power to order forfeiture. Contrary to the arguments advocated by Mr. Kessler in the Amicus Curiae brief filed on behalf of the National Association of Criminal Defense Lawyers, the Court also found that the district court’s noncompliance with Rule 32.2(b)(2)(B)’s time-related directive was a procedural error subject to harmlessness review.