In the Fifth Circuit I've been seeing a goodly handful of these-- unpublished orders on unopposed motions to vacate a sentence and remand. At the same time, all the Booker cases are of the plain-error variety. Nobody, it seems, has been preserving these questions. Which leads me to wonder whether these unopposed motions suggest how the U.S. is handling cases where a defense lawyer anticipated Booker and preserved it.
I'm not sure how many I've seen, but think it's more than five and less than a dozen, and I don't regularly read unpublished opinions.
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