In the United States Court of Appeals For the Second Circuit ________

AUGUST TERM 2020

ARGUED: OCTOBER 15, 2020 DECIDED: JANUARY 31, 2022 AMENDED: JANUARY 25, 2023

Nos. 14-1908, 14-3922, 17-2623

UNITED STATES OF AMERICA, Appellee-Cross-Appellant,

v.

LOUIS MCINTOSH, AKA Lou D, AKA Lou Diamond, AKA G, Defendant-Appellant-Cross-Appellee,

EDWARD RAMIREZ, AKA Taz, TERRENCE DUHANEY, AKA Bounty Killer, TURHAN JESSAMY, AKA Vay, QUINCY WILLIAMS, AKA Capone, TYRELL ROCK, AKA Smurf, NEIL MORGAN, AKA Steely, Defendants. ________

Appeal from the United States District Court for the Southern District of New York. ________ 2 14-1908-cr Before: WALKER, LOHIER, Circuit Judges, and STANCEU, Judge. * ________ Louis McIntosh appeals various issues arising from his 2017 amended judgment of conviction for Hobbs Act robbery and firearm offenses in the Southern District of New York (Sidney H. Stein, J.). In this opinion, we address two of McIntosh’s arguments—first, that the order of forfeiture entered against him should be vacated because the district court failed to enter a preliminary order prior to sentencing, as required by Federal Rule of Criminal Procedure 32.2(b)(2)(B); second, that he was improperly convicted of possessing firearms as a felon, Counts Twelve through Fourteen, because the government did not prove that he knew that he was a felon. As to these issues, we AFFIRM the judgment of the district court. We address his remaining arguments in a separate summary order filed concurrently with this opinion.

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STEVEN YUROWITZ, Newman & Greenberg LLP, New York, NY, for Defendant-Appellant-Cross- Appellee Louis McIntosh.

SARAH KRISSOFF, Assistant United States Attorney (Thomas McKay, Assistant United States Attorney, on the brief), for Geoffrey S. Berman, United States Attorney for the Southern District of New York, New York, NY, for Appellee-Cross- Appellant United States of America.

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*Senior Judge Timothy C. Stanceu, of the United States Court of International Trade, sitting by designation. 3 14-1908-cr JOHN M. WALKER, JR., Circuit Judge:

Louis McIntosh appeals various issues arising from his 2017 amended judgment of conviction for Hobbs Act robbery and firearm offenses in the Southern District of New York (Sidney H. Stein, J.). 1 In this opinion, we address two of McIntosh’s arguments—first, that the order of forfeiture entered against him should be vacated because the district court failed to enter a preliminary order prior to sentencing, as required by Federal Rule of Criminal Procedure 32.2(b)(2)(B); second, that he was improperly convicted of possessing firearms as a felon, Counts Twelve through Fourteen, because the government did not prove that he knew that he was a felon. As to these issues, we AFFIRM the judgment of the district court. We address his remaining arguments in a separate summary order filed concurrently with this opinion.

BACKGROUND

In 2011, Appellant Louis McIntosh and several others were indicted on multiple counts of Hobbs Act robbery and related firearms charges. The charges arose from a series of violent robberies and attempted robberies that occurred between 2009 an