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