30
Syllabus
text of the relevant statutory provisions, see, e. g., §§ 848(a) and 853(a), by legislative history, and by this Court's precedents, see, e. g., Alexander v. United States, 509 U. S. 544, 558. Caplin & Drysdale, Chartered v. United States, 491 U. S. 617, 628, n. 5, distinguished. In light of such weighty authority, the Court is not persuaded by Libretti's insistence that the forfeiture for which § 853 provides is, in essence, a hybrid that shares elements of both a substantive charge and a criminal punishment. Pp. 38-41. (b) Libretti's policy arguments for construing Rule 11(f) to reach asset forfeiture provisions of plea agreements—that the Rule's factual basis inquiry (1) is essential to ensuring that a forfeiture agreement is knowing and voluntary, (2) will protect against government overreaching, and (3) is necessary to ensure that the rights of third-party claimants are fully protected—are rejected. Pp. 41-44. (c) The District Court did not rest its forfeiture order solely on the stipulation contained in the plea agreement. There is ample evidence that the District Judge both understood the statutory requisites for criminal forfeiture and concluded that they were satisfied on the facts at the time the sentence was imposed. Pp. 44-48. 2. On the facts of this case, Libretti's waiver of a jury determination as to the forfeitability of his property under Rule 31(e)—which provides that, "[i]f the indictment . . . alleges that . . . property is subject to criminal forfeiture, a special verdict shall be returned as to the extent of the . . . property"—was plainly adequate. That waiver was accomplished by the plea agreement, in which Libretti agreed to forfeiture and waived his right to a jury trial, together with the plea colloquy, which made it abundantly clear that the plea agreement would end any proceedings before the jury and would lead directly to sentencing by the court. Accordingly, Libretti cannot now complain that he did not receive the Rule 31(e) special verdict. The Court rejects his argument that the Rule 31(e) right to a jury determination of forfeitability has both a constitutional and a statutory foundation, and cannot be waived absent specific advice from the district court as to the existence and scope of this right and an express, written waiver. Given that the right, as an aspect of sentencing, does not fall within the Sixth Amendment right to a jury determination of guilt or innocence, see, e. g., McMillan v. Pennsylvania, 477 U. S. 79, 93, but is merely statutory in origin, the plea agreement need not make specific reference to Rule 31(e). Nor must the district court specifically advise a defendant that a guilty plea will result in waiver of the Rule 31(e) right, since that right is not among the information that must be communicated to a
Page: Index Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: October 4, 2007