Another circuit split(?) on appeal waivers

The Eleventh Circuit keeps the Booker fun going today with its decision today in US v. Ginard-Henry, No. 04-12677 (11th Cir. Feb. 11, 2005) (available here).  In Ginard-Henry, the Court essentially replays, in a slightly fuller form, its prior post-Booker ruling in Rubbo that refused to consider a Booker claim due to the defendant’s appeal waiver.  Explaining that defendant’s “Apprendi/Blakely/Booker claim on appeal does not fall within any of the exceptions to his appeal waiver,” the Court rules “this appeal was properly dismissed, and Grinard-Henry’s motion for reconsideration is denied.”

Since Ginard-Henry does not appear to break new ground for the Eleventh Circuit, I was at first not inclined to do a post on the decision.  But then I recalled have earlier this week, the Eighth Circuit in Killgo (discussed here) concluded that, despite a defendant’s appeal waiver blocking consideration of a Booker claim, it should still review the defendant’s sentence for reasonableness.  The Eleventh Circuit did not do any such review in Ginard-Henry, so I think we have yet another circuit split in the handling of “pipeline cases.”