1

2 In the 3 United States Court of Appeals 4 For the Second Circuit 5 ________ 6 7 AUGUST TERM 2020 8 9 ARGUED: OCTOBER 15, 2020 10 DECIDED: JANUARY 31, 2022 11 12 Nos. 14-1908, 14-3922, 17-2623 13 14 UNITED STATES OF AMERICA, 15 Appellee-Cross-Appellant, 16 17 v. 18 19 LOUIS MCINTOSH, AKA Lou D, AKA Lou Diamond, AKA G, 20 Defendant-Appellant-Cross-Appellee, 21 22 EDWARD RAMIREZ, AKA Taz, TERRENCE DUHANEY, AKA Bounty 23 Killer, TURHAN JESSAMY, AKA Vay, QUINCY WILLIAMS, AKA 24 Capone, TYRELL ROCK, AKA Smurf, NEIL MORGAN, AKA Steely, 25 Defendants. 26 ________ 27 28 Appeal from the United States District Court 29 for the Southern District of New York. 30 ________ 31 32 Before: WALKER, LOHIER, Circuit Judges, and STANCEU, Judge. *

* Senior Judge Timothy C. Stanceu, of the United States Court of International Trade, sitting by designation. 2 No. 14-1908-cr

1 ________ 2 Louis McIntosh appeals various issues arising from his 2017 3 amended judgment of conviction for Hobbs Act robbery and firearm 4 offenses in the Southern District of New York (Sidney H. Stein, J.). In 5 this opinion, we address two of McIntosh’s arguments—first, that the 6 order of forfeiture entered against him should be vacated because the 7 district court failed to enter a preliminary order prior to sentencing, 8 as required by Federal Rule of Criminal Procedure 32.2(b)(2)(B); 9 second, that he was improperly convicted of possessing firearms as a 10 felon, Counts Twelve through Fourteen, because the government did 11 not prove that he knew that he was a felon. As to these issues, we 12 AFFIRM the judgment of the district court. We address his remaining 13 arguments in a separate summary order filed concurrently with this 14 opinion. 15 ________ 16 17 STEVEN YUROWITZ, Newman & Greenberg LLP, 18 New York, NY, for Defendant-Appellant-Cross- 19 Appellee Louis McIntosh. 20 SARAH KRISSOFF, Assistant United States Attorney 21 (Thomas McKay, Assistant United States 22 Attorney, on the brief), for Geoffrey S. Berman, 23 United States Attorney for the Southern District of 24 New York, New York, NY, for Appellee-Cross- 25 Appellant United States of America. 26 ________ 27 JOHN M. WALKER, JR., Circuit Judge: 28 Louis McIntosh appeals various issues arising from his 2017 29 amended judgment of conviction for Hobbs Act robbery and firearm 30 offenses in the Southern District of New York (Sidney H. Stein, J.). In 31 this opinion, we address two of McIntosh’s arguments—first, that the 3 No. 14-1908-cr

1 order of forfeiture entered against him should be vacated because the 2 district court failed to enter a preliminary order prior to sentencing, 3 as required by Federal Rule of Criminal Procedure 32.2(b)(2)(B); 4 second, that he was improperly convicted of possessing firearms as a 5 felon, Counts Twelve through Fourteen, because the government did 6 not prove that he knew that he was a felon. As to these issues, we 7 AFFIRM the judgment of the district court. We address his remaining 8 arguments in a separate summary order filed concurrentl