New Sentencing Required Because District Court Presumed GL Sentence Was Reasonable

U.S. v. Jesus-Gomez, 2008 WL 313388 (2/5/08) (unpub'd) - The 10th reverses the district court because it applied a presumption of reasonableness to the guidelines. The error was not harmless because the sentence was at the bottom of the guideline range. Significantly, even though the defendant did not contest the presumption before the district court, the 10th, while noting plain error review might have been appropriate, applies harmless error, rather than plain error, review, because the government conceded the less stringent standard applied.