A call for SCOTUS action on Booker plain error

A few free minutes and a wireless network allows me to post quickly from Minnesota.  On the flight in, I had a chance to read closely all the opinions in the 10th Circuit’s recent plain-error ruling in Gonzalez-Huerta, and I recommend it highly to everyone following this area of law closely.  I also have to spotlight the parting thoughts of Judge Lucero in Gonzalez-Huerta:

The division on this court over the proper approach to Booker cases pending direct review is replicated among the various circuit courts.  This wide ranging circuit split results in the disparate treatment of criminal defendants throughout the nation.  Such uneven administration of justice cries out for a uniform declaration of policy by the Supreme Court.