U.S. v. DUARTE

No. 89-30136.

901 F.2d 1498 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Nino C. DUARTE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided April 27, 1990.


Attorney(s) appearing for the Case

Sidney K. Billingslea, Asst. Federal Public Defender, Anchorage, Alaska, for defendant-appellant.

Crandon Randell, Asst. U.S. Atty., Anchorage, Alaska, for plaintiff-appellee.

Before BROWNING, ALARCON and RYMER, Circuit Judges.


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...

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