U.S. v. McGINTY

No. 09-6246.

610 F.3d 1242 (2010)

UNITED STATES of America, Plaintiff-Appellant, v. Criss L. McGINTY, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

June 29, 2010.


Attorney(s) appearing for the Case

Scott E. Williams, Assistant United States Attorney (Sanford C. Coats, United States Attorney, with him on the briefs), Oklahoma City, OK, for Plaintiff-Appellant.

Thomas S. Bala, Oklahoma City, OK, for Defendant-Appellee.

Before BRISCOE, Chief Judge, HAWKINS, and MURPHY, Circuit Judges.


BRISCOE, Chief Judge.

In this case we address the mandatory nature of the criminal forfeiture statute, 18 U.S.C. § 982(a)(2); the distinction between forfeiture and restitution; and the government's ability to obtain at sentencing a money judgment representing the full amount of a defendant's unlawful proceeds from an offense.

Pursuant to a plea agreement, Criss L. McGinty was convicted of one count of misapplication of bank funds in violation of 18 U...

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