NACDL files amicus brief in Eleventh Circuit about retroactivity of Supreme Court's decision in Honeycutt v. United States
Clients National Association of Criminal Defense Lawyers
On behalf of the National Association of Criminal Defense Lawyers ("NACDL"), Jones Day filed an amicus brief in the Eleventh Circuit arguing that the Supreme Court's decision in Honeycutt v. United States applies retroactively on collateral review. In Honeycutt, the Supreme Court held that 21 U.S.C. section 853 does not authorize the Government to impose forfeiture orders against criminal defendants on the basis of joint and several liability. NACDL argued that Honeycutt is retroactive because its rule is substantive, not procedural. NACDL also argued that, in contravening the rule announced in Honeycutt, the forfeiture order in this case resulted in fundamental errors warranting extraordinary relief in the form of a writ of coram nobis. Specifically, the deprivation of property without any lawful authority violated fundamental principles of due process of law, and the issuance of a forfeiture order, where the statute provides that no forfeiture at all is permissible, runs afoul of the Eighth Amendment's prohibition on excessive fines.
Bane v. United States, No. 18-11086 (11th Cir.)