What is the test for "considering the merits" of a motion raised for the first time on appeal?
MultiRegion, United States of America
The following excerpt is from USA v. Vonn, 224 F.3d 1152 (9th Cir. 1999):
The government correctly points out that we do not normally consider issues raised for the first time on appeal. See United States v. Rubalcaba, 811 F.2d 491, 493 (9th Cir. 1987) (refusing to "consider the merits" because defendant "failed
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