McIntosh v. United States

In McIntosh v. United States, the U.S. Supreme Court addressed a procedural issue in a federal robbery conspiracy case. Louis McIntosh was convicted and sentenced in the Southern District of New York. At sentencing, the court orally ordered forfeiture but failed to enter a preliminary forfeiture order specifying the amount for months. McIntosh appealed only after the final order, and the Second Circuit dismissed his appeal as untimely. The Supreme Court unanimously reversed, holding that a preliminary forfeiture order that omits a specific monetary amount is not final and does not start the appeal deadline under Federal Rule of Criminal Procedure 32.2.

The Supreme Court unanimously held that such an order is not final and does not trigger the appeal clock; the case was reversed and remanded, allowing McIntosh’s appeal to proceed.

Whether a preliminary criminal forfeiture order that does not specify the amount of money to be forfeited constitutes a final, appealable order that triggers the 14-day deadline for appeal under Federal Rule of Criminal Procedure 32.2(b)(4)(A).

The ruling clarified appellate jurisdiction over criminal forfeiture orders, reinforcing defendants’ ability to seek timely review and ensuring that ambiguity in forfeiture amounts does not forfeit appeal rights.