Presumption of reasonableness applies to sentences imposed within applicable guidelines’ sentencing range

SENTENCING United States v. Angel-Guzman, No. 06-4303, ___ F.3d ___ (10th Cir. Oct. 30, 2007)(Utah). Appeal of sentence for transporting eight illegal aliens within the United States, in violation of 8 U.S.C. §§ 1324(a)(1)(A)(ii) and (a)(1)(A)(v)(II). HELD: Abuse of discretion standard is functional equivalent of reasonableness standard of appellate review. Accordingly, despite Supreme Court’s referenced to abuse of discretion standard in Rita v. United States, 127 S. Ct. 2456 (2007), review of sentences imposed within applicable sentencing guidelines range will continue to be presumed reasonable subject to rebuttal by defendant. Read the opinion here.