requisite nexus between the property and the offense.” Id. That determination is made without regard to any legitimate interest that a third party may claim in the property sought to be forfeited because the Rule affords third parties the opportunity to assert such claims before a final forfeiture order is entered. Fed.R.Crim.P. 32.2(b)(2) & (c). II. Burden of Proof Forfeiture under § 1963(a) is part of the sentence imposed for a RICO violation. That section is entitled “criminal penalties” and it provides that “the court, in imposing sentence ... shall order, in addition to any other sentence imposed ...,” that the defendant forfeit specified property. 18 U.S.C. § 1963(a) (emphasis added); see also Libretti v. United States, 516 U.S. 29, 38-39, 116 S.Ct. 356, 133 L.Ed.2d 271 (1995) (<HOLDING>). Historically, sentencing issues have been
recognizing constitutional right to be present when sentence is imposed holding that prison term following revocation of probation is a modification and part of the actual sentence imposed for the original offense holding the petitioners challenge of his conviction is not rendered moot by the expiration of the underlying sentence because collateral consequences flowing from the conviction give the petitioner a substantial stake in the judgment of conviction which survives the satisfaction of the sentence imposed on him holding that forfeiture is an element of the sentence imposed following conviction holding the connection is an element