Fifth Circuit opines on its approach to Booker plain error

Though I am not quite sure why, the Fifth Circuit today in US vs. Rodriguez-Gutierrez, No. 04-30451 (5th Cir. Oct. 5, 2005) (available here), decided to opine at some length concerning the circuit’s basic approach to Booker plain error.  The Rodriguez-Gutierrez is an interesting opinion, primarily because it reads more like a bench memo summarizing the circuit’s jurisprudence than a disposition on the merits.