Opinion

United States v. Lewis

492 F.3d 1219 · Court of Appeals for the Eleventh Circuit · Mar 15, 2007

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Opinions in this case

Opinion
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481 F.3d 1296 UNITED STATES of America, Plaintiff-Appellee, v. Dominique LEWIS, Defendant-Appellant. No. 06-11876. United States Court of Appeals, Eleventh Circuit. March 15, 2007. Bernardo Lopez, Fed. Pub. Def., Ft. Lauderdale, FL, Kathleen M. Williams, Miguel Caridad, Fed. Pub. Defenders, Miami, FL, for Lewis. Phillip DiRosa, Ft. Lauderdale, FL, Anne R. Schultz, Asst. U.S. Atty., Miami, FL, for U.S. On Appeal from the United States District Court for the Southern District of Florida (No. 05-20392-CR-JAG); Jose A. Gonzalez, Jr., Judge. (Opinion Nov. 1, 2006, 11th Cir., 207 Fed.Appx. 943) Before EDMONDSON, Chief Judge, and TJOFLAT, ANDERSON, BIRCH, DUBINA, BLACK, CARNES, BARKETT, HULL, MARCUS, WILSON and PRYOR, Circuit Judges. BY THE COURT: — 1 — 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, — 2 — IT IS ORDERED that the above cause shall be reheard by this court en banc. The previous panel's opinion is hereby VACATED.

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Parentheticals

finding that defendant did not waive, but rather forfeited, double jeopardy claim when raising it for the first time on appeal
United States v. Williams
reviewing under Rule 52(b) claim of double jeopardy timely raised on appeal but not raised in the district court, finding no error
United States v. Whitfield
explaining that failure to assert a right constitutes forfei- ture and not waiver
TB Foods USA, LLC v. American Mariculture, Inc.
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
United States v. Oakley
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
Chew v. United States
discussing impact of Olano, abrogating Bascaro, and holding that double-jeopardy claim not asserted before trial court is forfeited not waived and defendant is entitled to plain-error review
State v. Miles Dow
discussing impact of Olano, 10 abrogating Bascaro, and holding that double-jeopardy claim not asserted before trial court is forfeited not waived and defendant is entitled to plain-error review
State v. Miles Dow
reviewing under Rule 52(b) claim of double jeopardy timely raised on appeal but not raised in the district court, finding no error
United States v. Whitfield
“[W]hile forfeited claims are reviewed under [Fed. R. Civ. P.] 52(b) for plain error, waived claims are not.”
United States v. Brandon Harris
“[W]hile forfeited claims are reviewed under Rule 52(b) for plain error, waived claims are not.”
United States v. Errol Michael Gilyot