U.S. v. Cunningham

Dist. Ct. did not err in sentencing defendant to 188-month term of incarceration on various firearm charges, even though defendant argued that Dist. Ct. violated Fed. R. of Crim. Pro. 32(i)(4)(A)(ii) by truncating defendant’s presentation of three character witnesses at sentencing hearing. Said Rule, which concerns defendant’s personal allocution right, did not require that Dist. Ct. allow character witnesses to testify on defendant’s behalf at sentencing hearing, and defendant failed to produce any case law that states that Rule 32 provides any right to call witness in mitigation for any purpose. Moreover, Dist. Ct. otherwise allowed defendant to present brief testimony from three witnesses. Also, instant sentence was not substantively unreasonable, even though defendant argued that Dist. Ct. gave insufficient weight to his post-arrest rehabilitation, where: (1) sentence was at low end of applicable guideline range; and (2) Dist. Ct. could properly focus on defendant’s prior criminal record and serious impact that defendant’s unlawful sale of firearms had on community.