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Judicial fact finding leading up to an order of criminal forfeiture does not violate the Sixth Amendment's right to a jury trial, the 2nd Circuit has ruled. Finding that criminal forfeiture is not part of a "determinate" sentencing scheme of the kind the U.S. Supreme Court found invalid in January, the circuit upheld a $20.7 million forfeiture. The defendant had claimed on appeal that the forfeiture violated his right to jury trial because a judge, and not a jury, found facts that led to its imposition.
June 17, 2005 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
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