The Supreme Court also held that the Booker decision applies to all cases on direct review, and remanded the cases involved in Booker for resentencing. Id. at 769. Accordingly, Booker applies to the case before us. Having determined that the sentencing issues Mortimer raises are best determined by the District Court in the first instance, we will vacate the sentence and remand for resentencing in light of Booker.
US v. Mortimer, (decision a) http://www.ca3.uscourts.gov/opinarch/034174np.pdf
Since this appears to have been on review for plain error, it seems likely that the Circuit has concluded it will be remanding for resentencing most if not all cases where a Blakely/Booker issue has been raised, and that it is putting the finishing touches on a soon-to-be-issued precedential opinion. I am hearing that "soon" now means next week, or the following week.