Eleventh Circuit Court of Appeals - Published Opinions
Tuesday, March 08, 2005
Booker issue waived when not raised in initial brief
In U.S. v. Dockery, No. 03-16388 (Mar. 3, 2005), the Court (Birch, Dubina, Marcus), on remand from the United States Supreme Court for further consideration in light of Booker, applying U,S. v. Ardley, 242 F.3d 989 (11th Cir. 2001) held that it need not consider the Booker case because the defendant had failed to raise the issue in his initial brief. The Court therefore reaffirmed its earlier affirmance of the defendant’s sentence.