CA1: Booker remand

US v. Caberra, No. 03-1890 (unpublished) holds: 1) no right to an evidentiary hearing at sentencing; and 2) a USSG §3B1.1(a) (role in the offense) enhancement was proper, as the defendant didn’t even bother with an affidavit; and 3) but because “the sentencing judge's comments furnish a basis for finding a reasonable probability that, if asked to sentence anew under a purely advisory regime, he would impose a more lenient sentence” (even though it wasn’t raised below) he gets a Booker/Antonakopoulos remand.