now THAT'S an opinion.... good stuff

from How Appealing...  

"We are aware that three other federal courts of appeals have reached results different from our own in regard to whether Booker error is plain error. We have carefully read their opinions and are unpersuaded by them." Circuit Judge Ed Carnes of the U.S. Court of Appeals for the Eleventh Circuit issued this opinion today on behalf of a unanimous three-judge panel of that court. His very interesting Booker plain error analysis begins on page 14 of the slip opinion. I've long been a fan of Judge Carnes's written work, and this opinion provides another fine example of why.

posted at 17:18 by Howard Bashman