When an appellant fails to argue specifically and distinctly that issue in his opening brief on appeal, does he waive his right to appeal on appeal?
MultiRegion, United States of America
The following excerpt is from United States v. Mageno, 762 F.3d 933 (9th Cir. 2014):
Separately, when an appellant fails to argue, specifically and distinctly, an issue in his opening brief on appeal, we usually hold that the appellant has waived his right of appellate review of that issue, even in criminal cases. United States v. RodriguezPreciado, 399 F.3d 1118, 1126 (9th Cir.2005).
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