United States v. Martin

Although I concur in Parts I and II.A of Judge Duncan’s opinion rejecting appellant’s requested remedy of suppression, I am compelled to dissent from Parts II.B and III.

Not a single case, published or unpublished, has done what today’s majority does: it holds that even if a punishment of forfeiture is not discussed at sentencing or ordered in judgment, a defendant can still be subject to that punishment if she has notice that such punishment may be ordered.

It is undisputed that the district court did not enter a preliminary order of forfeiture before sentencing and judgment. Nor were proper…