(explaining that “[t]he appropriate test for determining the voluntariness of a confession is whether, in light of the totality of the circumstances, pressures exerted upon the suspect have overborne his will”) (internal quotations and citations omitted). c. Double Jeopardy Men argues that Ms multiple sentences of life in prison and the death penalty for the same underlying offense violate his right to be free from double jeopardy. Men waived this issue by failing to preserve it for appeal, however, because he did not raise this argument in the district court prior to trial. See Fed. R.Crim.P. 12(b)(2) (requiring that defenses and objections based on defects in an indictment be raised before trial or they are waived); United States v. Prescott, 42 F.3d 1165, 1167 (8th Cir.1994) (<HOLDING>); United States v. Shephard, 4 F.3d 647, 650
holding failure to brief argument constitutes waiver holding that the failure to object to an instruction constitutes a waiver of error holding that appellants failure to raise preemption argument until posttrial motions constitutes waiver of defense holding that failure to raise pretrial objection to alleged duplicitous counts in the indictment constitutes waiver of the defense holding that failure to raise issue in brief constitutes waiver of appeal of the issue