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]
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