Rita appealed to the Fourth Circuit. He argued that the 33-month sentence was unreasonable because it did not take into account his "history and characteristics" and because it was greater than necessary to effectuate the purposes of sentencing. The Fourth Circuit ruled that a sentence imposed within the properly calculated Guidelines range is presumptively reasonable, and upheld Rita's sentence. Rita asked the U.S. Supreme Court to hear the case. It agreed to do so, observing that some federal courts of appeals had adopted a presumption of reasonableness while others had rejected such a presumption.