11th Circuit Still Cool to 'Booker'

The 11th Circuit is sticking to a refusal to reconsider sentences handed down before the Supreme Court's ruling that federal sentencing rules should be advisory. Unlike other circuits, the 11th Circuit has said it will not consider cases where defendants filed appeals before the Court's Booker decision but did not raise Sixth Amendment challenges in their initial brief. That stance, reiterated last week, has left defendants in that circuit with no recourse, other than appealing to the high court.

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