Libretti v. United States, 516 U.S. 29, 3 (1995)

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Cite as: 516 U. S. 29 (1995)

Opinion of the Court

defendant under Rule 11(c) in order to ensure that a guilty plea is valid. Pp. 48-51. 38 F. 3d 523, affirmed.

O'Connor, J., delivered the opinion of the Court, Parts I and II-A of which were joined by Rehnquist, C. J., and Scalia, Kennedy, Souter, Thomas, Ginsburg, and Breyer, JJ., Parts II-B and II-C of which were joined by Rehnquist, C. J., and Kennedy, Souter, Ginsburg, and Breyer, JJ., and Parts III and IV of which were joined by Rehnquist, C. J., and Scalia, Kennedy, Thomas, and Breyer, JJ. Souter, J., post, p. 52, and Ginsburg, J., post, p. 53, filed opinions concurring in part and concurring in the judgment. Stevens, J., filed a dissenting opinion, post, p. 54.

Sara Sun Beale, by appointment of the Court, 514 U. S. 1095, argued the cause for petitioner. With her on the briefs was Paul K. Sun, Jr.

Malcolm L. Stewart argued the cause for the United States. With him on the brief were Solicitor General Days, Assistant Attorney General Harris, Deputy Solicitor General Dreeben, and David S. Kris.*

Justice O'Connor delivered the opinion of the Court.† Petitioner Joseph Libretti pleaded guilty to engaging in a continuing criminal enterprise, in violation of 84 Stat. 1265, 21 U. S. C. § 848 (1988 ed. and Supp. V), and agreed to forfeit numerous items of his property to the Government. We must decide whether Federal Rule of Criminal Procedure 11(f) requires the District Court to determine whether a factual basis exists for a stipulated asset forfeiture embodied in a plea agreement, and whether the Federal Rule of Crimi-*Briefs of amici curiae urging reversal were filed for the Forfeiture Endangers American Rights Foundation by Brenda Grantland; and for the National Association of Criminal Defense Lawyers by David B. Smith and Richard J. Troberman.

†Justice Scalia and Justice Thomas join all but Parts II-B and II-C of this opinion. Justice Souter and Justice Ginsburg join only Parts I and II.

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