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.

Brief filed: 01/30/2017

Documents

Honeycutt v. United States

United States Supreme Court; Case No. 16-142

Prior Decision

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

Argument

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.