United States v. McIntosh, 58 F.4th 606

In 2011 McIntosh was indicted on Hobbs Act robbery and related firearm counts; the indictment included a forfeiture allegation.
A jury convicted him in 2013; the district court sentenced him to 720 months, ordered restitution, and verbally ordered forfeiture of $75,000 and a BMW.
The court did not enter a written preliminary forfeiture order before sentencing as required by Fed. R. Crim. P. 32.2(b)(2)(B); the government also failed to timely submit a proposed order.
On appeal the case was remanded under United States v. Jacobson; the government later sought a formal preliminary forfeiture order, and the district court entered one in August 2017 and included it in an amended judgment.
McIntosh appealed the amended judgment, arguing (1) the forfeiture must be vacated because the preliminary order was not entered before sentencing, and (2) his felon-in-possession convictions (Counts 12–14) were invalid under Rehaif because the jury was not instructed that he knew his felon status.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether forfeiture must be vacated because the district court failed to enter a preliminary order before sentencing under Fed. R. Crim. P. 32.2(b)(2)(B)	McIntosh: strict compliance required; missed deadline invalidates forfeiture	Govt: Rule 32.2(b) timing is not jurisdictional; court retains power to enter forfeiture despite missed deadline; delay caused no prejudicial harm	The rule is a time-related directive (not jurisdictional); missed deadline does not invalidate forfeiture; judgment affirmed
Whether the felon-in-possession convictions (Counts 12–14) require reversal because the jury was not instructed that McIntosh knew he was a felon (Rehaif)	McIntosh: plain error because jury never instructed on the knowledge-of-felon-status element	Govt: Under Greer, defendant must show he would have presented evidence he lacked felon knowledge; McIntosh offered none	No plain error under Greer; convictions affirmed

Dolan v. United States, 560 U.S. 605 (2010) (framework for categorizing missed statutory deadlines as jurisdictional, claims-processing, or time-related directives)
Greer v. United States, 141 S. Ct. 2090 (2021) (Rehaif plain-error standard: defendant must show he would have presented evidence that he lacked the requisite knowledge)
Rehaif v. United States, 139 S. Ct. 2191 (2019) (government must prove defendant knew his status when possessing a firearm)
United States v. Martin, 662 F.3d 301 (4th Cir. 2011) (applies Dolan to Rule 32.2 and treats the preliminary-order deadline as non-jurisdictional/time-related)
United States v. Jacobson, 15 F.3d 19 (2d Cir. 1994) (basis for remand procedure used by the Second Circuit in this case)