Cite as: 516 U. S. 29 (1995)
Opinion of the Court
sentence, not a part of the substantive offense." Id., at 528. The Court of Appeals also determined that Libretti had waived his Rule 31(e) right to a jury determination of forfeitability, despite the fact that the District Court did not expressly advise Libretti of the existence and scope of that right during his plea colloquy. Id., at 530-531. We granted certiorari to resolve disagreement among the Circuits as to the applicability of Rule 11(f) to asset forfeiture provisions contained in plea agreements 2 and the requisites for waiver of the right to a jury determination of forfeitability under Rule 31(e).3 514 U. S. 1035 (1995).
II
Libretti insists that the District Court's forfeiture order must be set aside (or at least modified), because the court neglected to establish a "factual basis" for forfeiture of the
2 Compare United States v. Reckmeyer, 786 F. 2d 1216, 1222 (CA4) (Rule 11(f) applies to forfeiture provisions in plea agreements), cert. denied, 479 U. S. 850 (1986), and United States v. Roberts, 749 F. 2d 404, 409 (CA7 1984) (same), cert. denied, 470 U. S. 1058 (1985), with United States v. Boatner, 966 F. 2d 1575, 1581 (CA11 1992) (Rule 11(f) does not apply to stipulated forfeiture provisions in plea agreements), United States v. Bachynsky, 949 F. 2d 722, 730-731 (CA5 1991) (Rule 11(f) does not apply to forfeiture provisions, but a forfeiture order will be upheld only if the record provides a factual basis for forfeiture), cert. denied, 506 U. S. 850 (1992), and 38 F. 3d 523, 528 (CA10 1994) (case below).
3 Compare, e. g., id., at 531 ("specific reference to" the Rule 31(e) right to a special jury verdict is not required when a defendant's "unambiguous plea agreement" and "knowing and voluntary plea" establish waiver); United States v. Robinson, 8 F. 3d 418, 421 (CA7 1993) ("[A] defendant's waiver of his statutory right [under Rule 31(e)] to have a jury determine which portion of his property is subject to forfeiture is only valid if knowingly and voluntarily made"); United States v. Garrett, 727 F. 2d 1003, 1012 (CA11 1984) (a defendant has a constitutional right to a jury trial to determine forfeitability; waiver of that right must be in writing), aff'd on other grounds, 471 U. S. 773 (1985); United States v. Zang, 703 F. 2d 1186, 1194-1195 (CA10 1982) ("The parties can waive their right to a special verdict [under Rule 31(e)] by not making a timely request"), cert. denied, 464 U. S. 828 (1983).
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