Eleventh Circuit ducks notable post-Booker notice issue

The Eleventh Circuit in US v. Scott, No. 05-12511 (11th Cir. Mar. 10, 2006) (available here), has rendered an interesting opinion in an interesting case involving a federal inmate being sentenced for threatening to harm the federal judge who imposed his original sentence.  By finding a guideline calculation error, Scott remands for resentencing without having to address the reasonableness of an upward variance or whether “the district court should have informed [Scott] before the sentence hearing that it was contemplating sentencing him above the guidelines range based on the § 3553(a) factors, and should have given him notice of the grounds for doing so.”