In US v. Dockery, the 11th Circuit had issued a decision in this sentence-related appeal back in September. Dockery petitioned for certiorari, and his became one of the many many cases that the Supreme Court granted, vacated, and remanded for further consideration in light of Booker, the case that changes everything about federal sentencing. The Supreme Court issued its judgment on February 25.
Yesterday, less than one week later, the 11th Circuit issued this opinion, saying, "He didn't raise any Apprendi-like issue with us the first time around, so he gets nothing from us. We reinstate our previous opinion."
HELLO? What about reviewing for plain error? Is it the Eleventh Circuit's view that while the plain error doctrine can resuscitate an argument that wasn't raised at the right time in the District Court, the Supreme Court is powerless to revive an issue for plain error review if it wasn't raised at the right time in the Circuit? Or is it the Eleventh Circuit's view that the Supreme Court has to say the magic word? Sorry to be so blunt, but this seems obviously wrong to me.