U.S. v.
Pease,
331 F.3d 809 (11th Cir. 2003)
In this case, the court quite logically held that, in a criminal
forfeiture case, when no final order of forfeiture is imposed upon the
defendant at the time of sentencing, and the sentencing becomes a final
judgment, the court cannot increase the punishment after the fact by
imposing a judgment of forfeiture. The fact that the court had
issued
a preliminary order of forfeiture before the sentencing did not change
matters. The 11th Circuit held that the preliminary order expired
at
sentencing when forfeiture was not mentioned in the punishment and the
court failed to issue a valid final order of forfeiture.
This decision interprets the old Rule 32 (pre-CAFRA).
If the link above does not work, you can find the opinion on the FEAR
website at http://www.fear.org/opinions/331f3d808.html