United States v. McIntosh, No. 14-1908 (2d Cir. 2022)
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Defendant appeals issues arising from his 2017 amended judgment of conviction for Hobbs Act robbery and firearm offenses in the Southern District of New York.
The Second Circuit affirmed the district court's judgment as to two issues and addressed the remaining arguments in a separate summary order filed concurrently with this opinion. The court concluded that the order of forfeiture entered against him should be vacated because the district court failed to enter a preliminary order prior to sentencing, as required by Federal Rule of Criminal Procedure 32.2(b)(2)(B). The court also concluded that defendant was improperly convicted of possessing firearms as a felon, Counts Twelve through Fourteen, because the government did not prove that he knew that he was a felon.
The court issued a subsequent related opinion or order on January 25, 2023.
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