Harmless Error for Court to Consider State Prosecutor's Letter

U.S. v. Bacon, 2009 WL 997400 (4/15/09) (unpub'd) - Any error in the district court considering a letter from a state prosecutor calling the defendant a "menace to society," without telling the defendant was harmless because the court's upward departure from 37 months to 60 months was overwhelmingly justified by the defendant's horrible record.