Does the government forfeit its right to enforce a defendant's waiver of a collateral challenge to his conviction by failing to raise the waiver issue in the district court?

QUESTION PRESENTED FOR REVIEW Does the government forfeit its right to enforce a defendant’s waiver of a collateral challenge to his conviction by failing to raise the waiver issue in the district court? i NO. SUPREME COURT OF THE UNITED STATES OCTOBER TERM 2018 MARVIN LOPEZ-AGUILAR, Petitioner, vs. UNITED STATES OF AMERICA, Respondent. DECLARATION OF COUNSEL Pursuant to Supreme Court Rule 29.2, I, Benjamin A. Gonzales, Assistant Federal Public Defender for the District of New Mexico, declare under penalty of perjury that I am a member of the bar of this court and counsel for Petitioner Marvin Lopez-Aguilar and that I caused to be mailed a copy of the petition for writ of certiorari to this court by first class mail, postage prepaid, by depositing the original and ten copies in an envelope addressed to the Clerk of this Court, in the United States Post Office at 1135 Broadway Blvd. NE, Albuquerque, New Mexico, at approximately p.m. on the 12" day of April 2019. Benjamin A. Gonzales Attorney for Petitioner FEDERAL PUBLIC DEFENDER 111 Lomas NW, Suite 501 Albuquerque, NM 87102 (505) 346-2489 ii