United States v. Petti, 973 F.2d 1441 , 1446 n. 9 (9th Cir.1992)(holding that written proof of authorization, 211 F.3d 910. · Go Syfert
United States v. Petti, 973 F.2d 1441 , 1446 n. 9 (9th Cir.1992)(holding that written proof of authorization, 211 F.3d 910. Cases Citing This Book View Copy Cite
145 citation events (142 in the last 25 years) across 7 distinct courts.
Strongest positive: Brown v. Alixa-RX (ca5, 2022-09-30) · Strongest negative: United States v. Heon Seok Lee (ca7, 2019-08-21)
Treatment trajectory · 2000 → 2026 · click a year to view as-of
2000 2013 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited "but see" United States v. Heon Seok Lee
7th Cir. · 2019 · signal: but see · confidence high
United States v. Hendrickson, 22 F.3d 170 , 172 n.1 (7th Cir. 1994).11 Nothing in the record suggests the government lacks author- ization to pursue its cross-appeal, and Lee never raised the issue. 11 See also United States v. Jackson, 544 F.3d 1176 , 1181–82 (11th Cir. 2008) (personal approval requirement in § 3742(b) is non-jurisdictional), abro- gated on different grounds by United States v. DiFalco, 837 F.3d 1207, 1216 (11th Cir. 2016); United States v. Ruiz-Alonso, 397 F.3d 815, 818 (9th Cir. 2005) (same); United States v. Zamudio, 314 F.3d 517, 520 (10th Cir. 2002) (same); United Sta…
discussed Cited "but see" United States v. Heon Seok Lee
7th Cir. · 2019 · signal: but see · confidence high
United States v. Hendrickson, 22 F.3d 170 , 172 n.1 (7th Cir. 1994).11 Nothing in the record suggests the government lacks author- ization to pursue its cross-appeal, and Lee never raised the issue. 11 See also United States v. Jackson, 544 F.3d 1176 , 1181–82 (11th Cir. 2008) (personal approval requirement in § 3742(b) is non-jurisdictional), abro- gated on different grounds by United States v. DiFalco, 837 F.3d 1207, 1216 (11th Cir. 2016); United States v. Ruiz-Alonso, 397 F.3d 815, 818 (9th Cir. 2005) (same); United States v. Zamudio, 314 F.3d 517, 520 (10th Cir. 2002) (same); United Sta…
discussed Cited "but see" United States v. Heon Seok Lee
7th Cir. · 2019 · signal: but see · confidence high
United States v. Hendrickson, 22 F.3d 170 , 172 n.1 (7th Cir. 1994).11 Nothing in the record suggests the government lacks author- ization to pursue its cross-appeal, and Lee never raised the issue. 11 See also United States v. Jackson, 544 F.3d 1176 , 1181–82 (11th Cir. 2008) (personal approval requirement in § 3742(b) is non-jurisdictional), abro- gated on different grounds by United States v. DiFalco, 837 F.3d 1207, 1216 (11th Cir. 2016); United States v. Ruiz-Alonso, 397 F.3d 815, 818 (9th Cir. 2005) (same); United States v. Zamudio, 314 F.3d 517, 520 (10th Cir. 2002) (same); United Sta…
discussed Cited as authority (verbatim quote) Brown v. Alixa-RX
5th Cir. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
it has long been the rule in this circuit that any issues not briefed on appeal are waived.
examined Cited as authority (verbatim quote) Omayma Eltalawy v. Lubbock Independent Sch Dist, e (2×)
5th Cir. · 2020 · signal: cf. · quote attribution · 2 verbatim quotes · confidence high
it has long been the rule in this circuit that any issues not briefed on appeal are waived.
discussed Cited as authority (verbatim quote) United States v. Reymundo Villarreal-Arelis
5th Cir. · 2020 · quote attribution · 1 verbatim quote · confidence high
it has long been the rule in this circuit that any issues not briefed on appeal are waived.
discussed Cited as authority (verbatim quote) Shandell Bradley v. Louis Ackal
5th Cir. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
it has long been the rule in this circuit that any issues not briefed on appeal are waived.
discussed Cited as authority (verbatim quote) Gregory Willis v. Portfolio Recovery Associates
5th Cir. · 2020 · quote attribution · 1 verbatim quote · confidence high
it has long been the rule in this circuit that any issues not briefed on appeal are .
discussed Cited as authority (verbatim quote) Joe Robles v. Aransas County Sheriff's Dept
5th Cir. · 2019 · signal: see also · quote attribution · 1 verbatim quote · confidence high
it has long been the rule in this circuit that any issues not briefed on appeal are waived.
discussed Cited as authority (verbatim quote) City of Austin v. Ken Paxton
5th Cir. · 2019 · signal: see also · quote attribution · 1 verbatim quote · confidence high
it has long been the rule in this circuit that any issues not briefed on appeal are waived.
discussed Cited as authority (verbatim quote) Kathie Cutrer v. Tarrant County Local Workforce, e
5th Cir. · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
it has long been the rule in this circuit that any issues not briefed on appeal are .
discussed Cited as authority (verbatim quote) Kathie Cutrer v. Tarrant County Local Workforce, e
5th Cir. · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
it has long been the rule in this circuit that any issues not briefed on appeal are .
discussed Cited as authority (verbatim quote) Vickie Cook v. City of Dallas
5th Cir. · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
it has long been the rule in this circuit that any issues not briefed on appeal are waived.
discussed Cited as authority (verbatim quote) Cheryl Simani v. Beechnut Academy
5th Cir. · 2018 · signal: see · quote attribution · 1 verbatim quote · confidence high
it has long been the rule in this circuit that any issues not briefed on appeal are waived.
discussed Cited as authority (verbatim quote) Benamou v. Wells Fargo Bank National Ass'n
5th Cir. · 2018 · signal: see · quote attribution · 1 verbatim quote · confidence high
it has long been the rule in this circuit that any issues not briefed on appeal are waived.
discussed Cited as authority (verbatim quote) United States v. Beth Petersen (2×) also: Cited as authority (rule)
5th Cir. · 2014 · quote attribution · 1 verbatim quote · confidence high
it has long been the rule in this circuit that any issues not briefed on appeal are waived.
discussed Cited as authority (verbatim quote) Carrie Sama v. Edward Hannigan
5th Cir. · 2012 · quote attribution · 1 verbatim quote · confidence high
it has long been the rule in this circuit that any issues not briefed on appeal are waived.
discussed Cited as authority (verbatim quote) Carrie Sama v. Edward Hannigan (2×) also: Cited as authority (rule)
5th Cir. · 2012 · quote attribution · 1 verbatim quote · confidence high
it has long been the rule in this circuit that any issues not briefed on appeal are waived.
discussed Cited as authority (rule) Petersen v. Johnson
5th Cir. · 2023 · confidence medium
The Plaintiffs therefore abandoned these claims on appeal, see United States v. Thibodeaux, 211 F.3d 910, 912 (5th Cir. 2000) (per curiam); they later filed an unopposed motion to dismiss Montgomery County, which this court granted. 8 Case: 21-20565 Document: 00516596932 Page: 9 Date Filed: 01/04/2023 No. 21-20565 suffice.” Id. (citing Twombly, 550 U.S. at 555 ).
discussed Cited as authority (rule) Cone v. Sanitarios Lamosa S.A. DE C.V.
E.D. Tex. · 2022 · confidence medium
Because “[i]t has long been the rule in this [C]ircuit that any issues not briefed on appeal are waived.” United States v. Thibodeaux, 211 F.3d 910, 912 (5th Cir. 2000), it is Defendant who must bear the consequences.
discussed Cited as authority (rule) Fessler v. Porcelana Corona De Mexico, S.A. DE C.V.
E.D. Tex. · 2022 · confidence medium
Because “[i]t has long been the rule in this [C]ircuit that any issues not briefed on appeal are waived.” United States v. Thibodeaux, 211 F.3d 910, 912 (5th Cir. 2000), it is Defendant who must bear the consequences.
discussed Cited as authority (rule) Jose Cruz v. William Barr, U. S. Atty Gen
5th Cir. · 2019 · confidence medium
Under the governing standards of review, we cannot say the Board committed reversible error. 4 See Tamara-Gomez, 447 F.3d at 351 (“The Convention Against Torture requires a ‘public official’ or ‘person acting in a public capacity’ to ‘inflict,’ ‘acquiesce,’ or ‘give consent’ to the torture.”). 5 “It is a well worn principle that the failure to raise an issue on appeal constitutes waiver of that argument.” United States v. Griffith, 522 F.3d 607, 610 (5th Cir. 2008) (citing United States v. Thibodeaux, 211 F.3d 910, 912 (5th Cir. 2000)). 6 Altamirano-Lopez v. Gonzale…
discussed Cited as authority (rule) Debe Olson v. Farmers New World Life Ins.
5th Cir. · 2019 · confidence medium
“It is a well worn principle that the failure to raise an issue on appeal constitutes waiver of that argument.” United States v. Griffith, 522 F.3d 607, 610 (5th Cir. 2008) (citing United States v. Thibodeaux, 211 F.3d 910, 912 (5th Cir. 2000)).
discussed Cited as authority (rule) United States v. Robert Ricks
5th Cir. · 2019 · confidence medium
See Rosedale Missionary Baptist Church v. New Orleans City, 641 F.3d 86, 89 (5th Cir. 2011) (preserving an argument on appeal requires that the argument “be raised to such a degree that the district court has an opportunity to rule on it” (internal quotation marks omitted)); United States v. Thibodeaux, 211 F.3d 910, 912 (5th Cir. 2000) (per curiam) (reciting the longstanding “rule in this circuit that any issues not briefed on appeal are waived”). 9 Case: 18-30084 Document: 00514967235 Page: 10 Date Filed: 05/22/2019 No. 18-30084 Ricks has provided no evidence showing that Agent Calag…
discussed Cited as authority (rule) Steven Charlot v. City of Houston
5th Cir. · 2018 · confidence medium
See Gray, 669 F.3d at 561 . 26 Cf. Gray, 669 F.3d at 566 (“[A] warrant . . . that authorizes a medical procedure search of a specific area of the body but does not prescribe any off-limits procedures will be subject to good faith [for suppression purposes] unless the police misled the magistrate, the magistrate abandoned her judicial role, or the warrant so clearly lacked probable cause.”). 27 See, e.g., United States v. Scroggins, 599 F.3d 433, 447 (5th Cir. 2010) (“Claims not pressed on appeal are deemed abandoned.” (quoting Davis v. Maggio, 706 F.2d 568, 571 (5th Cir. 1983))); Unite…
discussed Cited as authority (rule) George Clark v. Deutsche Bank Natl Trust Co
5th Cir. · 2018 · confidence medium
Corp. v. Twombly, 550 U.S. 544, 570 (2007)). 5 Id. 6 Twombly, 550 U.S. at 555. 7 Sama v. Hannigan, 669 F.3d 585, 589 (5th Cir. 2012) (citing United States v. Thibodeaux, 211 F.3d 910, 912 (5th Cir. 2000)). 4 Case: 16-11806 Document: 00514315996 Page: 5 Date Filed: 01/22/2018 No. 16-11806 action upon which relief may be granted, and the district court properly dismissed this claim. 8 Section 392.304(a)(19) is the TDCA’s “catchall provision.” 9 It prohibits debt collectors from “using any other false representation or deceptive means to collect a debt or obtain information concerning a c…
discussed Cited as authority (rule) Maria Lowe v. Jefferson Sessions, III (2×) also: Cited "see, e.g."
5th Cir. · 2017 · confidence medium
Had Lowe 5 See, e.g., United States v. Thibodeaux, 211 F.3d 910, 912 (5th Cir. 2000); Yohey v. Collins, 985 F.2d 222 , 224–25 (5th Cir. 1993). 5 Case: 15-60825 Document: 00514185630 Page: 6 Date Filed: 10/05/2017 No. 15-60825 briefed the Lozada elements, we would not likely have considered them because the BIA’s rationale for denying Lowe’s motion did not grapple with those arguments, either.
cited Cited as authority (rule) Thomas Thompson v. Terry Morgan
5th Cir. · 2017 · confidence medium
Any issue not briefed on appeal is waived, United States v. Thibodeaux, 211 F.3d 910, 912 (5th Cir. 2000).
discussed Cited as authority (rule) Cantu Services, Incorporated v. Melvin Frazier, et
5th Cir. · 2017 · confidence medium
United States v. Thibodeaux, 211 F.3d 910, 912 (5th Cir. 2000) (per curiam) ("It has long been the rule in this circuit that any issues not briefed on appeal are waived.”). 18 . 42 U.S.C. § 1988 (b) (emphasis added). 19 .
cited Cited as authority (rule) F. Williams, Sr. v. Annise Parker
5th Cir. · 2016 · confidence medium
United States v. Thibodeaux, 211 F.3d 910, 912 (5th Cir. 2000); Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir. 1993). 15 .
discussed Cited as authority (rule) Bollschweiler v. El Paso Electric Co.
W.D. Tex. · 2016 · signal: cf. · confidence medium
By analogy, failure to brief an argument in the district court waives that argument in that court.” (internal citations omitted)); cf. United States v. Thibodeaux, 211 F.3d 910, 912 (5th Cir.2000) (“It has long been the rule in this circuit that any issues not briefed on appeal are waived.”).
discussed Cited as authority (rule) Anibal Canales, Jr. v. William Stephens, Director
5th Cir. · 2014 · confidence medium
“It is a well worn principle that the failure to raise an issue on appeal constitutes waiver of that argument.” See United States v. Griffith, 522 F.3d 607, 610 (5th Cir.2008) (citing United States v. Thibodeaux, 211 F.3d 910, 912 (5th Cir.2000)).
discussed Cited as authority (rule) Noatex Corp. v. King Construction of Houston, L.L.C.
5th Cir. · 2013 · confidence medium
However, “[i]t has long been the rule in this circuit that any issues not briefed on appeal are waived,” United States v. Thibodeaux, 211 F.3d 910, 912 (5th Cir.2000), and the State has not briefed this issue nor explained how a party’s inability to sue based on a void contract would translate to a lack of standing to sue on its constitutional claims.
discussed Cited as authority (rule) United States v. Antonio Hughes
5th Cir. · 2013 · confidence medium
However, “[i]t has long been the rule in this circuit that any issues not briefed on appeal are waived,” United States v. Thibodeaux, 211 F.3d 910, 912 (5th Cir. 2000), and Hughes has not briefed any potential error under Rule 11(c)(3)(A).
discussed Cited as authority (rule) United States v. Antonio Hughes (2×)
5th Cir. · 2013 · confidence medium
However, “[i]t has long been the rule in this circuit that any issues not briefed on appeal are waived,” United States v. Thibodeaux, 211 F.3d 910, 912 (5th Cir. 2000), and Hughes has not briefed any potential error under Rule 11(c)(3)(A).
discussed Cited as authority (rule) Raj v. Louisiana State University
5th Cir. · 2013 · confidence medium
P. 28(a)(9)(A) (appellant’s brief must contain “contentions and the reasons for them, with citations to the authorities and parts of the record on which the appellant relies”); United States v. Thibodeaux, 211 F.3d 910, 912 (5th Cir.2000) (“It has long been the rule in this circuit that any issues not briefed on appeal are waived.”). *328 The Eleventh Amendment bars citizens of a state from suing their own state or another state in federal court, U.S. Const, amend.
cited Cited as authority (rule) GBP Partners, Limited v. Maryland Casualty Company
5th Cir. · 2013 · confidence medium
United States v. Thibodeaux, 211 F.3d 910, 912 (5th Cir.2000); Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir.1993).
discussed Cited as authority (rule) United States v. Walter Teel
5th Cir. · 2012 · confidence medium
P. 28; Lofton v. McNeil Consumer & Specialty Pharm., 672 F.3d 372, 381 (5th Cir.2012) (" ‘[AJrguments not raised before the district court are waived and will not be considered on appeal unless the party can demonstrate extraordinary circumstances.' The Fifth Circuit has a 'virtually universal practice of refusing to address matters raised for the first time on appeal.' ” (alteration in original) (citations omitted)); United States v. Thibodeaux, 211 F.3d 910, 912 (5th Cir.2000) (per curiam) ("It has long been the rule in this circuit that any issues not briefed on appeal are waived.”). …
cited Cited as authority (rule) James Ayo, III v. Honeywell International
5th Cir. · 2012 · confidence medium
United States v. Thibodeaux, 211 F.3d 910, 912 (5th Cir.2000) (per curiam).
discussed Cited as authority (rule) Van Staden v. St. Martin
5th Cir. · 2011 · confidence medium
United States v. Thibodeaux, 211 F.3d 910, 912 (5th Cir.2000); Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir.1993). 8 .The Supreme Court has applied "heightened” rational basis review in one relevant case, Plyler v. Doe, 457 U.S. 202 , 102 S.Ct. 2382 , 72 L.Ed.2d 786 (1982).
cited Cited as authority (rule) Gulf Coast Hotel-Motel Ass'n v. Mississippi Gulf Coast Golf Course Ass'n
5th Cir. · 2011 · confidence medium
Arguments not briefed on appeal are waived. *504 United States v. Thibodeaux, 211 F.3d 910, 912 (5th Cir.2000). 2 .
cited Cited as authority (rule) United States v. Dexter Williams
5th Cir. · 2011 · confidence medium
United States v. Thibodeaux, 211 F.3d 910, 912 (5th Cir.2000). 5 .
cited Cited as authority (rule) Cherry v. CCA Properties of America, Ltd. Liability Corp.
5th Cir. · 2011 · confidence medium
United States v. Thibodeaux, 211 F.3d 910, 912 (5th Cir.2000) (“It has long been the rule in this circuit that issues not briefed on appeal are waived.”). 2 .
cited Cited as authority (rule) Michael Williams v. Valenti
5th Cir. · 2011 · confidence medium
United States v. Thibodeaux, 211 F.3d 910, 912 (5th Cir.2000) (“It has long been the rule in this circuit that any issues not briefed on appeal are waived.”). 9 .
cited Cited as authority (rule) Snapt, Incorporated v. Ellipse Communications, Inc
5th Cir. · 2011 · confidence medium
United States v. Thibodeaux, 211 F.3d 910, 912 (5th Cir.2000). 13 .
discussed Cited as authority (rule) Crawford v. SILETTE (2×)
5th Cir. · 2010 · confidence medium
United States v. Thibodeaux, 211 F.3d 910, 912 (5th Cir.2000).
discussed Cited as authority (rule) United States v. Key (2×)
5th Cir. · 2010 · confidence medium
Little v. Liquid Air Corp., 37 F.3d 1069 , 1071 n. 1 (5th Cir.1994) (en banc); United States v. Thibodeaux, 211 F.3d 910, 912 (5th Cir.2000).
discussed Cited as authority (rule) Williams v. Henagan (2×)
5th Cir. · 2010 · confidence medium
United States v. Thibodeaux, 211 F.3d 910, 912 (5th Cir.2000).
cited Cited as authority (rule) United States v. Gonzalez
5th Cir. · 2009 · confidence medium
United States v. Thibodeaux, 211 F.3d 910, 912 (5th Cir.2000).
cited Cited as authority (rule) Rabo Agrifinance v. Terra XXI Ltd
5th Cir. · 2009 · confidence medium
United States v. Thibodeaux, 211 F.3d 910, 912 (5th Cir. 2000).
Retrieving the full opinion text from the archive…
United States
v.
Petti, 973 F.2d 1441 , 1446 n. 9 (9th Cir.1992)(holding that written proof of authorization
PER CURIAM:

The Government appeals the sentence imposed on Mark Ervin Thibodeaux following a guilty plea conviction. We dismiss the appeal.

I. FACTS AND PROCEDURAL HISTORY

Thibodeaux pleaded guilty pursuant to a written plea agreement to one count of felon in possession of a firearm pursuant to 18 U.S.C. § 922(g)(1). Initially, the Government believed that two of Thibo-deaux’s prior convictions had occurred on the same date and counted as a single conviction. Based on that understanding, the plea agreement stated that Thibodeaux faced a possible maximum sentence of ten years in prison. The Government subsequently determined that the two convictions had occurred on different dates and contended that Thibodeaux should be sentenced to the mandatory fifteen year sentence provided in § 924(e)(1), irrespective of the plea agreement. The district court, disagreeing with the Government, sentenced Thibodeaux to ten years’ imprisonment and three years’ supervised release.

II. APPROVAL FOR GOVERNMENT’S APPEAL OF SENTENCE

The Government appealed Thibodeaux’s sentence. The Government may file a notice of appeal for review of an otherwise final sentence if, inter alia, the sentence was imposed in violation of law or was imposed as a result of an incorrect application of the sentencing guidelines. See 18 U.S.C. § 3742(b). However, “[t]he Government may not further prosecute such appeal without the personal approval of the Attorney General, the Solicitor General, or a deputy solicitor general designated by the Solicitor General.” See id. Thibo-deaux contends that this appeal should be dismissed because the Government has not demonstrated that it has the requisite authority to further prosecute this appeal. Although afforded an opportunity to file a reply brief after this issue was raised, the Government has not responded to Thibo-deaux’s § 3742(b) concerns by briefing the issue or by including in the record proof that it has in fact received authority to further prosecute the appeal.

This circuit has not stated expressly that the Government must demonstrate compliance with, or include in the record on appeal proof of compliance with, § 3742’s approval requirement. The circuits which have addressed the issue have not spoken with one voice concerning when or how the Government must document § 3742 approval. Compare, e.g., United States v. Smith, 910 F.2d 326, 328 (6th Cir.1990)(holding that, while approval is not jurisdictional, in the exercise of its supervisory authority the Sixth Circuit requires written proof of compliance dated not later than notice of appeal and filed not later than filing of the brief to avoid dismissal) with United States v. Petti, 973 F.2d 1441, 1446 n. 9 (9th Cir.1992)(holding that written proof of authorization submitted with Government’s reply brief was suf[*912] ficient to avoid dismissal of appeal) and United States v. Hendrickson, 22 F.3d 170, 172 n. 1 (7th Cir.1994)(stating that § 3742(b)’s requirement is not jurisdictional and that the court would not be divested of jurisdiction if the Government failed to secure § 3742(b) approval for appeal).

Section 3742 creates a comprehensive system for appellate review of sentences. S.Rep. No. 98-225, at 155 (1984), reprinted in 1984 U.S.C.C.A.N. 3182, 3338. Congress designed the statute to focus the appellate courts’ attention on those sentences for which review is crucial to the proper functioning of the sentencing guidelines and to provide a means to correct erroneous and clearly unreasonable sentences. Id. Congress determined that government appeals of sentences below the applicable guideline range were necessary to this system. Congress found:

If only the defendant could appeal his sentence, there would be no effective opportunity for the reviewing courts to correct the injustice arising from a sentence that was patently too lenient. This consideration has led most Western nations to consider review at the behest of either the defendant or the public to be a fundamental precept of a rational sentencing system, and the Committee considers it to be a critical part of the bill’s sentencing structure. The unequal availability of appellate review, moreover, would have a tendency to skew the system, since if appellate review were a one way street, so that the tribunal could only reduce excessive sentences but not enhance inadequate ones, then the effort to achieve greater consistency might well result in a gradual scaling down of sentences to the level of the most lenient ones. Certainly the development of a principled and balanced body of appellate case law would be severely hampered.

Id. at 151, 1984 U.S.C.C.A.N. at 3334. Congress imposed the restriction at issue in the present case in order to assure that appeals are not routinely filed for every sentence below the guidelines. Id. at 154, 1984 U.S.C.C.A.N. at 3337; see also United States v. Long, 911 F.2d 1482, 1484 (11th Cir.1990). The language of the statute does not mention that the approval must be in writing or that approval must be filed in the record of the case on appeal.

When presented with the appropriate case, this circuit may well choose to exercise its supervisory authority to set out requirements of timing or form to guide the government in demonstrating its compliance with § 3742(b). However, we decline to develop any bright-line rules in a case in which the Government wholly defaulted the question. The Government failed to respond, either factually or legally, to Thibodeaux’s contention that the appeal should be dismissed for failure to comply with the dictates of § 3742. It has long been the rule in this circuit that any issues not briefed on appeal are waived. See Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir.1993). Even though lack of Justice Department authority to appeal is an issue raised by the appellee as an affirmative defense to the Government’s appeal, that rule nonetheless informs our decision in this case. Because there is no evidence that the Government ever received § 3742 approval for this appeal, no statement by the Government that it sought or received approval and no analysis that might form the basis for determining that approval was not necessary in spite of the mandatory language of the statute, we dismiss this appeal.

APPEAL DISMISSED.