In what circumstances will the US Supreme Court refuse to grant a motion to dismiss a motion that would have allowed the issue to be waived?

MultiRegion, United States of America

The following excerpt is from Howard v. F.A.A., 17 F.3d 1213 (9th Cir. 1994):

9 The issue would therefore be waived in any event. United States v. Bentson, 947 F.2d 1353, 1356 (9th Cir.1991), cert. denied, --- U.S. ----, 112 S.Ct. 2310, 119 L.Ed.2d 230 (1992).

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