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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
DENZELL RUSSELL,
Defendant-Appellant.
   No. 20-3756
Appeal from the United States District Court for the Northern District of Ohio at Cleveland. No. 1:19-cr-00786-2—James S. Gwin, District Judge. Decided and Filed: February 16, 2022 Before: McKEAGUE, NALBANDIAN, and MURPHY, Circuit Judges.

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OPINION
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NALBANDIAN, Circuit Judge. Denzell Russell was a passenger in a car that the East Cleveland Police stopped and searched. The police found two handguns, which resulted in a felon-in-possession charge for Russell. He argues that the search violated the Fourth Amendment. But to assert a Fourth Amendment claim, Russell must have “standing” to challenge the search. And normally a car passenger without a possessory interest in the car lacks such standing.

The government, though, failed to object to Russell’s lack of standing before the district court and raised the argument for the first time on appeal. Fourth Amendment standing, unlike Article III standing, is not jurisdictional and so it can be forfeited or waived. And Russell contends that here the government forfeited or even waived the argument. But under our precedent, the government can raise a forfeited argument for the first time on appeal and prevail if it satisfies the plain-error inquiry under Fed. R. Crim. P. 52(b). Because the government only forfeited its standing claim and satisfies that plain-error test, we AFFIRM.