United States v. Leffler 942 F.3d 1192 (10th Cir. Nov. 19, 2019)
In this appeal of a conviction, the Tenth Circuit analyzed the interplay between the forfeiture and waiver in criminal cases at length. Because the defendant failed to analyze plain error on an unpreserved sufficiency of the evidence challenge in his opening brief, the Tenth Circuit treated the argument as waived on appeal and declined to exercise its discretion to address the issue.