United States v. Puri

In United States v. Puri, No. 23-60414 (5th Cir. Mar. 15, 2024) (unpublished), the Fifth Circuit dismissed the defendant’s appeal after finding that his appellate counsel had forfeited any objection by failing to respond to the Government’s motion to dismiss the appeal. This opinion only spans two pages, but it serves as a cautionary tale for appellate counsel.

In his opening brief, Puri argued that the district court had erred by imposing a four-level Sentencing Guidelines enhancement for being an organizer or leader of the crime. In response, the Government moved to dismiss Puri’s appeal based on the appeal waiver provision in his plea agreement. Puri never responded to that motion.

The Fifth Circuit agreed with the Government and dismissed the appeal without reaching its merits. Puri had never responded to the Government’s motion and, as the court explained, a party forfeits an argument by “failing to adequately brief the argument on appeal.” Rollins v. Home Depot USA, 8 F.4th 393, 397 (5th Cir. 2021); Procter & Gamble Co. v. Amway Corp., 376 F.3d 496, 499 n.1 (5th Cir. 2004) (collecting cases).