US V. Guzmán, No. 04-1888, denies a Booker remand because 1) his claim was unpreserved; and 2) the defendant “Points to no specific circumstances signaling that the court's deliberations with respect to the section [18 U.S.C. ]§ 3553(a) factors would likely have yielded a lower sentence.” The defendant makes a bunch of creative arguments as to why the review should be more searching than the plain error review, which, while might be interesting to explore in a state context are all rejected.
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