Does a criminal forfeiture imposed upon him violate the Sixth Amendment?

MultiRegion, United States of America

The following excerpt is from United States v. Wilkes, 11 Cal. Daily Op. Serv. 12937, 2011 Daily Journal D.A.R. 15441, 662 F.3d 524 (9th Cir. 2011):

Wilkes argues that the criminal forfeiture imposed upon him, the amount of which was determined by the trial court rather than by the jury, violated the Sixth Amendment in view of the holding in Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). Wilkes, however, has not shown that he made a timely request for a jury determination of criminal forfeiture as required under Federal Rule of Criminal Procedure 32.2(b)(4) (2008) (amended 2009); see, e.g.,

[662 F.3d 550]

Other Questions


Does the introduction of criminal convictions as evidence of a violation of the Missouri Criminal Code violate due process? (MultiRegion, United States of America)
What is the test for a violation of the Eighth Amendment when there are not enough "necessities" to constitute an Eighth Amendment violation? (MultiRegion, United States of America)
When counting criminal convictions for career offender purposes under section 4A1.2 of the Criminal Code, is the criminal conviction of a career offender included in the criminal record calculation? (MultiRegion, United States of America)
Does Section V of the Criminal Code need to be amended to allow the sentencing judge to reconsider the Fifth and Sixth Amendment claims? (MultiRegion, United States of America)
Is a revocation of probation imposed on a previous criminal conviction as a result of a new criminal conviction treated as one sentence for purposes of calculating a defendant's criminal history? (MultiRegion, United States of America)
What is the test for a federal conviction for a violation of section 11358 of the Criminal Code of New York City (the federal criminal code) of Section 11358, and what is the current state of the law on such a violation? (MultiRegion, United States of America)
Is a federal district court wrongfully imposing a restitution amount not determined by the jury in violation of the Sixth Amendment? (MultiRegion, United States of America)
Is a minor criminal offence included in the criminal history of a defendant in the Criminal History of the Criminal Code? (MultiRegion, United States of America)
Is it a violation of the Sixth Amendment right to counsel in a criminal contempt case? (MultiRegion, United States of America)
Does a defendant's lawyer's representation violate the Sixth Amendment right to effective assistance of counsel? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.