Opinion

United States v. Lewis

  • 492 F.3d 1219
Court
Court of Appeals for the Eleventh Circuit
Filed
Mar 15, 2007
Status
Published
Cited by
87 cases
Authority
More cited than 94.1%

explaining that, prior to Olano, the court often used the term “waiver” without “addressing the difference between waiver and forfeiture” and, despite concluding that a defendant’s claims were waived, sometimes reviewed the merits of the claim on appeal

How later courts described this case

  • explaining that, prior to Olano, the court often used the term “waiver” without “addressing the difference between waiver and forfeiture” and, despite concluding that a defendant’s claims were waived, sometimes reviewed the merits of the claim on appeal
  • holding “that a defendant who simply failed to raise a double jeopardy claim before the district court, and took no affirmative steps to voluntarily relinquish the claim, forfeited that claim” and reviewed for plain error
  • recognizing that “the simple failure to assert a right, without any affirmative steps to voluntarily waive the claim, is a forfeiture to be reviewed under the plain error standard embodied in [Fed.R.Crim.P.] Rule 52(b)”
  • explaining that failure to assert a right constitutes forfei- ture and not waiver

Written by the judges who cited it.

The opinion

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

FILED

No. 06-11876 U.S. COURT OF APPEALS

ELEVENTH CIRCUIT

(D.C. Docket No. 05-20392-CR) MARCH 15, 2007

THOMAS K. KAHN

UNITED STATES OF AMERICA, CLERK

Plaintiff-Appellee,

versus

DOMINIQUE LEWIS,

Defendant-Appellant.

---------------------------

On Appeal from the United States District Court for the

Southern District of Florida

--------------------------

(Opinion November 1, 2006)

(March 15, 2007)

Before EDMONDSON, Chief Judge, TJOFLAT, ANDERSON, BIRCH, DUBINA, BLACK, CARNES,

BARKETT, HULL, MARCUS, WILSON and PRYOR, Circuit Judges.

BY THE COURT:

A member of this Court in active service having requested a poll on the suggestion of

rehearing en banc and a majority of the judges in this Court in active service having voted in favor of granting a

rehearing en banc,

IT IS ORDERED that the above cause shall be reheard by this court en banc. The previous panel's

opinion is hereby VACATED.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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