Does a Government's failure to brief the issue of standing determination on appeal result in waiver?
MultiRegion, United States of America
The following excerpt is from USA v. Ewing, DC. No. 2:09-cr-00003-GHK-1, No. 10-50131 (9th Cir. 2011):
Here, the Government did not contest the district court's standing determination until oral argument. its failure to brief the issue results in waiver. See United States v. Riley, 335 F.3d 919, 930 n.6 (9th Cir. 2003) (holding that an argument first raised by the Government at oral argument "is waived on appeal").
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