Does the Government waive waiver in its response to a Rule 29 motion?
MultiRegion, United States of America
The following excerpt is from United States v. Katakis, No. 14-10283 (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).
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