Sparacino failed to object to do not rise to the level of plain error. Before imposing sentence, the district court disclaimed reliance upon all statements which fell outside the scope of NRS 176.015(3). See Buschauer, Nev. at 893, 804 P.2d at 1048. For these reasons, Sparacino fails to demonstrate that the district court violated his right to due process, see id. at 893-94, 804 P.2d at 1048, or abused its discretion at sentencing, see Randell, 109 Nev. at 8, 846 P.2d at 280; Silks v. State, 92 Nev. 91, 94, 545 P.2d 1159, 1161 (1976) (a district court abuses its discretion if it bases its sentencing determination only upon impalpable or highly suspect evidence). Accordingly, we ORDER the judgment of conviction AFFIRMED.

kC)i J.

Pickering

J.

Parraguirre

Saitta

cc: Hon. James Todd Russell, District Judge Attorney General/Carson City Carson City District Attorney State Public Defender Carson City Clerk

SUPREME COURT OF NEVADA kO) 1917A e