United States v. Booker, Freddie J.

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
July 13, 2004
Before
Hon. Richard A. Posner, Circuit Judge
Hon. Frank H. Easterbrook, Circuit Judge
Hon. Michael S. Kanne, Circuit Judge
No. 03-4225
UNITED STATES OF AMERICA, Appeal from the United States District
Plaintiff-Appellee, Court for the Western District
of Wisconsin.
v.
No. 03 CR 26
FREDDIE J. BOOKER,
Defendant-Appellant. John C. Shabaz, Judge.
ORDER
The opinion issued July 9 is amended by adding the following sentence as a new,
final paragraph of the opinion (just before "Reversed and Remand:):
Because the government does not argue that Booker's Sixth Amendment challenge
to the guidelines was forfeited by not being made in the district court, we need not consider
the application of the doctrine of plain error, e.g., United States v. Olano, 507 U.S. 725, 731
(1993), to challenges inspired by the Blakely decision.