Listen to What they Say, but Watch What They Do

There is another auger in today’s tea leaves that the Sixth Circuit is settling into a "Remand ‘em All, and Let the District Courts Sort ‘em Out" approachto Booker, an entry on the docket of United States v. O’Georgia, No. 02-1163:

3/3/05 ORDER filed : "The United States Supreme Court having vacated the judgment entered by this court on January 24, 2005 and the case having been remanded for further consideration in light of United States v. Booker, 543 U.S. ___, 125 S. Ct. 738 (2005), the case is remanded to the United States District Court for the Eastern District of Michigan for resentencing pursuant to the opinion of the Supreme Court." [02-1163] . Alan E. Norris, Alice M. Batchelder, and R. G. Cole, Circuit Judges. (dtk)

So much for the "expect[ation that] reviewing courts [will] apply ordinary prudential doctrines, determining, for example, whether the issue was raised below and whether it fails the ‘plain error’ test." Booker, 125 S. Ct. 725.