Newman

Defendants David Ray Newman and Jon Tedesco committed crimes that subject them to criminal forfeiture: Newman robbed two banks, and Tedesco conspired to defraud banks. Defendants each pleaded guilty and agreed to forfeit a specific amount of money. The district court nevertheless eliminated criminal forfeiture or reduced it to a trivial amount. The government timely appeals. Because the district court’s reasoning in the two cases is substantially similar, we issue this joint opinion.

FACTUAL AND PROCEDURAL HISTORY

A. Newman

Newman robbed a bank and stole $1,152. The government indicted him on one count of violating 18 U.S.C. § 2113 (a). The indictment included a forfeiture allegation, pursuant to 18 U.S.C. § 981 (a)(1)(C) and 28 U.S.C. § 2461 (c), for a criminal money judgment up to $1,152.

While on pretrial release, Newman robbed another bank and, this time, stole $3,950. The government again indicted him. The indictment included a forfeiture allegation, pursuant to 18 U.S.C. § 981 (a)(1)(C) and 28 U.S.C. § 2461 (c), for a criminal money judgment up to $3,950.

The parties entered into a plea agreement in which Newman “knowingly and voluntarily agree[d] to ... the…