Before 2014, Rule 12 of the Federal Rules of Criminal Procedure required certain enumerated types of motions to be filed before trial, and stated that a party "waives" any such motion, but that "[f]or good cause, the court may grant relief from the waiver." In 2014, the waiver provision was eliminated and replaced with a timeliness provision. Rule 12(c)(3) now provides that "[i]f a party does not meet the deadline for making a Rule 12(b)(3) motion, the motion is untimely. But a court may consider the defense, objection or request if the party shows good cause." The question presented is whether Fed. R. Crim. P. 12, as amended in 2014, mandates a forfeiture or waiver of a multiplicity claim not timely raised in the district court, and thus whether the issue is reviewable for plain error or unreviewable on appeal.

Whether Fed. R. Crim. P. 12, as amended in 2014, mandates a forfeiture or waiver of a multiplicity claim not timely raised in the district court, and thus whether the issue is reviewable for plain error or unreviewable on appeal