Intriguing Ninth Circuit Booker pipeline case

The Ninth Circuit today in US v. Lence, No. 05-30236 (9th Cir. July 27, 2006) (available here) discusses this question: “whether a criminal defendant has a right to be resentenced by his original sentencing judge on remand following Booker error.”   Here is the money quote:

We believe the proper course is for the original sentencing judge to conduct the resentencing, particularly where the judge felt strongly enough to make on-the-record statements about the propriety of the sentence he was required to impose under the Guidelines.