Christopher Ponzo v. United States

Whether under this Court’s decision in McIntosh v. United States, 601 U.S. 330 (2024), a district court has authority to enter a final order of forfeiture against a defendant where, in violation of Fed. R. Crim. P. 32.2(b)(4)(B):

1. the first time the government specified the amount it sought to forfeit was at the sentencing hearing;

2. the order of forfeiture was not orally pronounced “at sentencing”;

3. the district court granted the government’s post-sentencing motion for forfeiture without allowing the defendant to respond;

4. the defendant had no opportunity to present evidence or be heard before $13.2 million was ordered forfeited; and

5. the forfeiture order entered outside of the defendant’s presence?