By: dmc-admin//May 24, 2010//
Criminal Procedure
Forfeiture
Where the government failed to argue an issue on appeal, it forfeited the argument and can't raise it in a motion for rehearing.
"The government has filed a petition for rehearing seeking affirmance of this case on the basis of application note 4(B) to Guideline Section 1B1.1."
"This application note was not cited by the government in its briefing of this case, nor did the government cite any case applying application note 4(B) nor make an argument based on this application note. Therefore, the argument has been forfeited and the matter does not qualify for possible treatment as plain error."
Petition Denied.
09-2555 U.S. v. Bell
Appeal from the United States District Court for the Northern District of Illinois, Kennelly, J., Per Curiam.