CA1: no Booker remand

US v. Fox, No. 04-1325, is a Booker GVR.  The defendant claims that he raised a Blakely argument before the District Court, thereby preserving his Booker argument.  But, the First can’t find it in the record, and therefore it is forfeited, and the claim Booker claim is reviewed for plain error.  However, he loses because he only asserts that the judge thought that the guidelines were mandatory and “... points to nothing that establishes any probability that the district judge would have imposed a lesser sentence under an advisory guidelines regime.”