Khaled Elbeblawy v. United States
FifthAmendment
Whether the Sixth Amendment requires a jury trial on forfeiture, and whether the Sixth Amendment forbids a judge from finding facts that increase fines or forfeiture
QUESTION PRESENTED Whether the Sixth Amendment to the United States Constitution requires a jury trial on the forfeiture, and whether the Sixth Amendment forbids a trial judge from assuming the traditional role of the jury in a criminal trial to find facts that lead to an increase in the fines or forfeiture upon a criminal defendant. Whether the government’s decision to use the pre-remand forfeiture amount for restitution, instead of the reduced amount found on remand by the district court, violates due process and allows the government to obtain an unconstitutional fine. i