The Sixth Circuit denied the government's request for an expansion of time in which to seek rehearing en banc and denied the request of a member of the panel (one would suspect Judge Boggs) for en banc review in United States v. Barnett, No. 04-5252 (docket). My review of Barnett is here. Despite attempts to explain the precedential values Oliver and Bruce as recently as yesterday, I have frequently opined that Barnett has become the truly controlling precedent in Sixth Circuit Booker cases. I am thus guessing we are nearing the end of the road for the Sixth Circuit's Booker soap.
Update: The Sixth Circuit published their denial of en banc. No dissent. No vote count. They just wanted us to know that this baby is settled.