United States v. Nino C. Duarte

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 and remand for resentencing.

I

On December 13, 1988 a federal grand jury indicted Duarte on two counts of distribution of a controlled substance in violation of 21 U.S.C. § 841 (a)(1). After trial by jury, Duarte was found guilty of one count of distributing cocaine. The court sentenced Duarte on May 12, 1989, under the Sentencing Guidelines.

Based upon the facts set forth in the presentence report showing that Duarte distributed 59 grams of cocaine and that his criminal history category was 1 because he has no prior convictions, the district court found that the base level of the offense was 16. See United States…