Sentencing and Forfeiture (Part 2)

by | Mar 27, 2025 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County

Justice Sotomayor continued in relevant part: 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. Although the District Court did not comply with Rule 32.2(b)(2)(B) when it failed to enter a preliminary order of forfeiture before McIntosh’s initial sentencing, the District Court retained its power to order forfeiture against McIntosh.

This Court has identified three types of time limits: (i) jurisdictional deadlines; (ii) mandatory claim-processing rules, and (iii) time related directives. See Dolan v. United States, 560 U. S. 605, 610–611. McIntosh claims that Rule 32.2(b)(2)(B) is a claim-processing rule—a mandatory deadline that regulates the timing of motions or claims before the court and that, unlike jurisdictional deadlines, is subject to waiver and forfeiture by the litigant. Id., at 610. The Government, on the other hand, argues that Rule 32.2(b)(2)(B) is a flexible time-related directive—a deadline that seeks speed by directing a public official to act by a certain time and that, if missed, does not deprive the official of “the power to take the action to which the deadline applies.” Id., at 611. Noncompliance with a mandatory claim-processing rule is presumed to be prejudicial, Manrique v. United States, 581 U. S. 116, 125 (2017), but noncompliance with a time-related directive is, in this context, subject to harmless-error principles on appellate review, Fed. Rule Crim. Proc. 52(a). The Court agrees with the Second Circuit and the Government that Rule 32.2(b)(2)(B) establishes a time-related directive.

The Court in Dolan addressed the proper remedy when a district court misses a statutory deadline to act related to criminal sentencing imposed by a statute that “did not specify a consequence for noncompliance.” The Court held that the provision at issue was a time-related directive, such that, if “a sentencing court misses the deadline,” it retains the power to act in that circumstance.

A counter argument to the Court’s position is that the failure to meet a mandatory deadline must have a consequence. Otherwise, the deadline is not “mandatory.” At a minimum, the Government should be barred from oral argument on appeal due to its or the Court’s failure to meet the deadline.

Excellent rating
Based on 288 reviews
Google star 1Google star 2Google star 3Google star 4Google star 5
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred is a good lawyer, he is really young yet made me feel confident that my lawful rights were being protected, and investigated all avenues when there was potential they weren't. He is very knowledgeable, and offered great peace of mind in such a distressing situation. I always felt like he had my back throughout the whole process, supporting aspects to my case that didn't even fall within his scope. I would highly recommend Fred.
Amy L
Google star 1Google star 2Google star 3Google star 4Google star 5
Using Fredrick Sisto for my attorney was a great experience. He was very easy to understand and work with. Also very good at his job and hard working. I would recommend to anyone who is seeking an attorney!
Thomas L
Google star 1Google star 2Google star 3Google star 4Google star 5
Very informative.
Patrick S
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred is the absolute BEST out there!! My experience with him was great he walked me thru everything and got my charges dropped!!!!!
Kat M
Google star 1Google star 2Google star 3Google star 4Google star 5
Thanks for sharing this information.
Joe F
Google star 1Google star 2Google star 3Google star 4Google star 5
I was very pleased with my representation by Fred Sisto. He is very honest and explained everything to me in detail. I would recommend him to anybody who is seeking legal representation..
Jeff M
Google star 1Google star 2Google star 3Google star 4Google star 5
Mr. Fred Sisto handled a case regarding my business. He was always available to answer my calls directly and helped me with any questions I had. He also had the case dismissed before I was even able to make it to the court room! I know it can be difficult when finding an attorney but I know I made no mistake choosing the law offices of Frederick Sisto, I highly recommend him!!
Kari J
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred, Thank you for the notifications on the DUI stops.
Joe F
Google star 1Google star 2Google star 3Google star 4Google star 5
Great!!! , got my case handled in the exact manner that I was told and would recommend to everyone else in need of legal representation .
Raumelis R
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred's services has been more than exceptional. He provided updates on my case. He got me one of the best outcomes i could have asked for, and has represented me twice with amazing results. Fred can work his magic on your case just as he did for me
Chris K