Cite as: 516 U. S. 29 (1995)
Opinion of Ginsburg, J.
defendant in this case was misleading, see App. 87 ("[I]f you plead guilty . . . . the jury is not going to decide whether you're guilty or not"), I think Justice Ginsburg is right to conclude otherwise, for the reasons given in her separate opinion.
Justice Ginsburg, concurring in part and concurring in the judgment.
Rule 11(f), I agree for reasons the Court states, does not impose on district courts an obligation to find a "factual basis" for asset forfeitures stipulated in a plea agreement. I therefore join in Parts I and II of the Court's opinion and concur in the judgment. But the jury-trial right for which Rule 31(e) provides, as I see it, must be known in order to be given up voluntarily. I therefore set out briefly my view of the second issue the Court decides.
At the plea hearing, the District Court carefully and comprehensively informed Libretti that his guilty plea would waive his right to jury trial on the crimes charged in the indictment. The court did not then refer to the unusual jury-trial right on criminal forfeiture provided by Rule 31(e) of the Federal Rules of Criminal Procedure:
"If the indictment or the information alleges that an interest or property is subject to criminal forfeiture, a special verdict shall be returned as to the extent of the interest or property subject to forfeiture, if any."
See also Fed. Rule Crim. Proc. 7(c)(2) ("No judgment of forfeiture may be entered in a criminal proceeding unless the indictment or the information shall allege the extent of the interest or property subject to forfeiture"); Fed. Rule Crim. Proc. 11(c)(1) (court must address defendant personally in open court and inform him of "the nature of the charge" when plea of guilty is offered).
Just as intelligent waiver of trial by jury on the underlying offense requires that the defendant be advised of the right,
53
Page: Index Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 NextLast modified: October 4, 2007