Legal Opinion
United States v. McGinty
Court of Appeals for the Tenth Circuit
Decided June 29, 2010No. 09-6246PublishedCited by 30 opinions
1Opinion of the Court
BRISCOE, Chief Judge.
In this case we address the mandatory nature of the criminal forfeiture statute, 18 U.S.C. § 982(a)(2); the distinction between forfeiture and restitution; and the government’s ability to obtain at sentencing a money judgment representing the full amount of a defendant’s unlawful proceeds from an offense.
Pursuant to a plea agreement,. Criss L. McGinty was convicted of one count of misapplication of bank funds in violation of 18 U.S.C. § 656. At sentencing, the district court ordered forfeiture of McGinty’s house and the proceeds from the sale of his boat and boat motor.…
2Cases cited25 opinions
- United States v. BookerSupreme Court of the United States · 2004
- Eberhart v. United StatesSupreme Court of the United States · 2005
- United States v. MonsantoSupreme Court of the United States · 1989
- United States v. NicholsCourt of Appeals for the Tenth Circuit · 1999
- United States v. Vampire Nation A/K/A Fredrik Von Hamilton A/K/A Frederick Hamilton Banks, Frederick H. BanksCourt of Appeals for the Third Circuit · 2006
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3Cited by30 opinions
- United States v. ContorinisCourt of Appeals for the Second Circuit · 2012
- United States v. NewmanCourt of Appeals for the Ninth Circuit · 2011
- United States v. BaderCourt of Appeals for the Tenth Circuit · 2012
- United States v. McGaughyCourt of Appeals for the Tenth Circuit · 2012
- United States v. OlguinCourt of Appeals for the Fifth Circuit · 2011
25 more not listed; retrieve them via the Exa API.