United States v. Nino C. Duarte

ALARCON, Circuit Judge:

Nino Duarte appeals from his sentence of twenty-four months imprisonment after a conviction for distributing two ounces of cocaine in violation of 21 U.S.C. § 841(a)(1). Duarte contends that the district court erred in determining that under the Sentencing Guidelines, letters submitted on a defendant’s behalf at sentencing must be ignored. We conclude that the district court may, but need not, consider the defendant’s character as described in letters to the court or probation office as a basis for finding a sentence within the Guideline range. We vacate the sentence…