Is Pollard's forfeiture order valid on the grounds that he was convicted of a charge of possession of drugs with intent to pervert the course of justice?

MultiRegion, United States of America

The following excerpt is from United States v. Pollard, 850 F.3d 1038 (9th Cir. 2017):

Pollard also challenges the legality of the forfeiture order on the grounds that the Government did not file a forfeiture allegation related to the count of conviction. Federal Rule of Criminal Procedure 32.2(a) sets forth the notice requirements for forfeiture, and "provides that a court may not enter an order of forfeiture unless the indictment or information contains notice that the government will seek forfeiture." United States v. Lo , 839 F.3d 777, 790 (9th Cir. 2016) (evaluating the adequacy of a forfeiture notice despite there being an appellate waiver). As noted above, a general appellate waiver does not prevent the court from analyzing a claim of an illegal sentence. See id. at 790 ; Bibler , 495 F.3d at 624.

[850 F.3d 1045]

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