935 F.3d 878

BACHARACH, J., concurring.
The majority opinion properly recognizes that Mr. Gurule forfeited his Rodriguez argument. Majority Op. at 884. Nonetheless, the majority states how it would decide this issue if it had been preserved. Id. at 884-85. Given Mr. Gurule's forfeiture, I would decline to say how we would decide the merits of the Rodriguez argument. I otherwise agree with the majority opinion.

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