Honeycutt v. United States

Brief of the National Association of Criminal Defense Lawyers as Amicus Curiae in Support of Petitioner.

Brief filed: 01/30/2017

Documents

Honeycutt v. United States

United States Supreme Court; Case No. 16-142

Prior Decision

Case below 816 F.3d 362 (6th Cir. Mar. 4, 2016).

Argument(s)

Joint and several forfeiture liability violates basic principles of sentencing. Joint and several forfeiture liability imposes a de facto criminal fine in contravention of congressional intent. Congress enacted § 853 to deprive defendants of their proceeds from crime. Joint and several forfeiture liability disregards the limits Congress imposed on fines for drug offenders. The Court should construe § 853 to avoid serious constitutional problems.

Featured Products

Author(s)

Daniel S. Volchok, David M. Lehn, Daniel Winik, and Anuradha Sivaram, Wilmer Cutler Pickering Hale and Dorr LLP, Washington, DC; David Oscar Markus, NACDL, Miami, FL.

Explore keywords to find information

RECENTLY ADDED & UPCOMING

  1. The Champion
    March/April 2025 Cover

    March/April 2025

    What are the evidentiary implications of field sobriety tests in marijuana cases? Does the odor of marijuana give officers probable cause to search a vehicle?

  2. Amicus Brief
    March/April 2025 Cover

    Wilmer Cutler Pickering Hale and Dorr LLP v. Executive Office of the President

    Brief of the National Association of Criminal Defense Lawyers and New York Council of Defense Lawyers as Amici Curiae in Support of Plaintiff’s Motion for Summary Judgment.

  3. News Release

    Nation’s Defense Bar Reiterates Opposition to Actions Against Law Firms – Washington, DC (March 18, 2025)

    The National Association of Criminal Defense Lawyers (NACDL) remains deeply concerned over recent executive orders targeting law firms, most recently Paul Weiss and Perkins Coie, and repeats its call to uphold the right to counsel and the independence of the legal profession. Despite a ruling blocking the action against Perkins Coie, the administration has continued to target law firms representing disfavored clients and positions, threatening the right to a zealous defense.

  4. Live Event
    2025 Forensic Science & Technology Seminar Cover

    2025 Forensic Science & Technology Seminar

    "Making Sense of Science: Forensic Science, Technology & the Law"

    LOCATION: Sahara Las Vegas Hotel & Casino, Las Vegas, NV
    DATES: April 24-26, 2025

  5. Trials, Technology, and the Fourth Amendment: Case Law Review [Engage & Exchange]

    EXCLUSIVE NACDL MEMBER BENEFIT
    WHEN:
    Tuesday, April 29, 2:00-3:30pm ET / 11:00am-12:30pm PT
    CLE CREDIT: not available
    COST: Free