The 11th Circuit speaks (loudly) on plain error!

As a reward to everyone who stays late on a Friday, we get a big development at the end of a relatively quiet day.  The Eleventh Circuit has concluded in US v. Rodriguez, No. 04-12676 (11th Cir. Feb. 4, 2005) (available here), that the defendant did not make out a claim for plain error based on Booker.  And, unlike the unrealized intra-circuit division in the Sixth Circuit noted here, this time we get to see the circuit conflict clear as day:

We are aware that three other federal courts of appeals have reached results different from our own in regard to whether Booker error is plain error.  We have carefully read their opinions and are unpersuaded by them.

The Eleventh Circuit then takes 12 pages to explain, often with quite bold language, why Hughes from the Fourth Circuit and Oliver from the Sixth Circuit and Crosby from the Second Circuit are all washed up on this issue.  Amazing stuff.

I hope this weekend to comment on plain error and a host of other lurking post-Booker questions that may before long produce circuit splits.  I will close today by just wondering out loud if this issue is “big” enough to prompt cert.  Thoughts from readers?