Does the Federal Reserve have waived waiver in its response to a Rule 29 motion?
The following excerpt is from United States v. Katakis, 800 F.3d 1017 (9th Cir. 2015):
3 The Government likely waived this theory by failing to present it to the district court as part of its opposition to Katakis's Rule 29 motion. See United States v. Piazza, 647 F.3d 559, 565 (5th Cir.2011) (holding that government waived an argument it failed to present in its response to defendant's motion for new trial). However, Katakis has not asserted waiver on appeal. Therefore, Katakis has waive[d] waiver. Tokatly v. Ashcroft, 371 F.3d 613, 618 (9th Cir.2004).
3 The Government likely waived this theory by failing to present it to the district court as part of its opposition to Katakis's Rule 29 motion. See United States v. Piazza, 647 F.3d 559, 565 (5th Cir.2011) (holding that government waived an argument it failed to present in its response to defendant's motion for new trial). However, Katakis has not asserted waiver on appeal. Therefore, Katakis has waive[d] waiver. Tokatly v. Ashcroft, 371 F.3d 613, 618 (9th Cir.2004).
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