NACDL - United States v. Marshall

United States v. Marshall

Brief of Amicus Curiae National Association of Criminal Defense Lawyers in Support of Andracos Marshall's Petition for Rehearing En Banc.

Brief filed: 10/22/2017

Documents

United States v. Marshall

4th Circuit Court of Appeals; Case No. 16-4494

Prior Decision

Panel decision 872 F.3d 213 (4th Cir. Sept. 25, 2017), On Appeal from the United States District Court for the District of Maryland (Chasanow, J.), at Greenbelt.

Argument

This case presents an issue of exceptional importance because it denies all defendants the use of innocent assets to hire counsel if they have been subject to any post-conviction forfeiture. The published panel opinion conflicts with the Supreme Court’s decision in Luis v. United States.

Author(s)

Elizabeth A. Franklin-Best, NACDL, Columbia, SC; Caleb Kruckenberg, NACDL, Washington, DC.