NACDL - Honeycutt v. United States

Honeycutt v. United States

Brief of the National Association of Criminal Defense Lawyers as Amicus Curiae in Support of Petitioner.

Honeycutt v. United States

Case Details

Case No.: 16-142
Jurisdiction: United States Supreme Court

Key Topics in the Case

Forfeiture | Statutory Construction | Joint and Several Forfeiture Liability | Proportionality | De Facto Criminal Fine | § 853

Documents

Honeycutt-v-United-States-Amicus.PDF

Prior Decision

Case below 816 F.3d 362 (6th Cir. Mar. 4, 2016).

Joint and several forfeiture liability violates basic principles of sentencing. Joint and several forfeiture liability imposes a de facto criminal fine in contravention of congressional intent. Congress enacted § 853 to deprive defendants of their proceeds from crime. Joint and several forfeiture liability disregards the limits Congress imposed on fines for drug offenders. The Court should construe § 853 to avoid serious constitutional problems.

Author(s)

Daniel S. Volchok, David M. Lehn, Daniel Winik, and Anuradha Sivaram, Wilmer Cutler Pickering Hale and Dorr LLP, Washington, DC; David Oscar Markus, NACDL, Miami, FL.