Properly determined sentencing range is entitled to rebuttable presumption of reasonableness

APPEAL/SENTENCING United States v. Kristl, No. 05-1067, ___ F.3d ___ (10th Cir. Feb. 17, 2006)(Colorado). Appeal of sentence for being felon in possession of firearm in violation of 28 U.S.C. § 922(g)(1). HELD: Under United States v. Booker, 125 S. Ct. 738 (2005), if (1) district court correctly determines relevant sentencing guidelines range under appropriate standard of review, and (2) defendant is sentenced within that range, sentence is entitled to rebuttable presumption of reasonableness on appeal. Defendant or government may rebut presumption, however, by demonstrating that sentence is unreasonable when measured against factors delineated in 18 U.S.C. § 3553(a). Read the opinion here.