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Rebuttable presumption

A particular rule of law that may be inferred from the existence of a given set of facts and that is conclusive absent contrary evidence.

Definition from Nolo’s Plain-English Law Dictionary

An assumption of fact accepted by the court to be true unless someone proves it to be untrue. A rebuttable presumption is often drawn from prima facie evidence.

Definition provided by Nolo’s Plain-English Law Dictionary.

August 19, 2010, 5:23 pm

 

"Francisco Gaona-Doval appeals the sentence imposed following his guilty plea conviction of exporting from the United States to Mexico defense articles on the United States Munitions List without first obtaining an export license or written authorization for exportation.  He argues that his sentence is substantively unreasonable because it is greater than necessary to achieve the sentencing goals of 18 U.S.C. § 3553(a)."

"Gaona-Doval's arguments do not establish that the district court judge abused his discretion or committed plain error by declining to impose a shorter sentence.  Gaona-Doval has not rebutted the presumption of reasonableness that attaches to his within-guidelines sentence."