Something about "raising it below and/or before" -- no, that's not a legalistic sex term (but it should be!):
We deny the petition because Collins did not raise the argument contained in his petition for rehearing in his initial brief on appeal....Collins premises his entire argument on one sentence he did not cite, as interpreted through three circuit court cases he did not cite. We did not decide the issue presented in Collins' petition for rehearing, and neither do we decide the issue now.In a footnote, they grind it in just a little bit more:
Nor did he raise it in his reply brief.Ouch -- even if these three circuit courts are right?