Britt: Levy waiver applies on remand from S. Ct. for Booker consideration

In U.S. v. Britt, No. 04-10151 (Jan. 26, 2005), the Court, on remand from the Supreme Court for reconsideration in light of Booker, the Court held that based on U.S. v. Levy, 416 F.3d 1273 (11th Cir. 2005), it need not address any Booker error in the sentence, because the defendant raised the issue for the first time in his reply brief, thereby waiving the issue, as Booker claims had to be raised in the initial brief in order to be preserved for appellate review.