A Guidelines Sentence Is Presumptively Reasonable, COA Holds

U.S. v. Kristl, -- F.3d --, 2006 WL 367848 (2/17/06) - the 10th's first crack at a sentence imposed post-Booker. A sentence that is properly calculated under the GLs is entitled to a presumption of reasonableness that may be rebutted by a demonstration that the sentence is unreasonable in light of the § 3553(a) factors. District court factual findings are still reviewed for clear error and legal findings de novo. If the district court errs in applying the GLs, the 10th will remand without reaching the question of reasonableness unless the error is harmless. Here, the district court erred by adding 3 criminal history points under GLs § 4A1.1(a), based on a Colorado sentence that originally exceeded one year and one month, but was reconsidered and reduced to probation.