District court erred by using reasonableness standard to guide sentencing decision

SENTENCING United States v. Conlan, No. 06-1510, ___ F.3d ___ (10th Cir. Aug 31, 2007)(Colorado). Appeal of fifteen-month sentence for filing a false income tax return in violation of 26 U.S.C. §7206(1). HELD: District court erred by determining sentence solely on basis that guideline-based sentences are presumptively reasonable and that defendant had failed to rebut that presumption. Presumption of reasonableness is appellate standard of review. District court’s erroneous application of reasonableness presumption blinded it to option of variance from guidelines available under factors set out in 18 U.S.C. § 3553(a). Read the opinion here.