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No. 94-7427

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JOSEPH LIBRETTI, PETITIONER v. UNITED STATES

on writ of certiorari to the united states court of appeals for the tenth circuit

[November 7, 1995]

Justice Souter , concurring in part and concurring in If, in speaking to the defendant or in other statements within his hearing, the court should affirmatively say or suggest that the right to jury trial would not extend to the forfeiture, that would be error under the current law, whatever the constitutional status of that right may be. While there is some reason to argue that the court's colloquy with the defendant in this case was misleading, see App. 87 ("if you plead guilty . . . . the jury is not going to decide whether you're guilty or not"), I think Justice Ginsburg is right to conclude otherwise, for the reasons given in her separate opinion.