United States v. Valdez

Brief of Amicus Curiae National Association of Criminal Defense Lawyers in Support of Appellant’s Petition for Rehearing and Rehearing En Banc

Brief filed: 04/15/2019


United States v. Valdez

9th Circuit Court of Appeals; Case No. 17-10446

Prior Decision

Panel decision 911 F.3d 960 (9th Cir. Dec. 21, 2018)


The panel’s decision is inconsistent with background principles of forfeiture, congressional intent, Supreme Court precedent, and constitutional limitations. Neither Section 924(D) nor Section 853(P) permits entry of a money judgment as “substitute property” subject to forfeiture 


Joshua M. Koppel and Anuradha Sivaram. Wilmer Cutler Pickering Hale and Dorr LLP, Washington, DC; Sharon Cohen Levin, Wilmer Cutler Pickering Hale and Dorr LLP, New York, NY.

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