hearing fundamentally unfair. Furthermore, the district court did not appear to be affected by the inappropriate remarks as it substantially deviated downward from the sentencing recommendation by the State and the Division of Parole and Probation and imposed the sentencing term recommended by Hanks. Accordingly, we conclude that the victim impact statement did not affect Hanks' substantial rights, and we ORDER the judgment of conviction AFFIRMED.

J.

Pickering

cc.5zc--- J.

Parraguirre

J.

Saitta

cc: Hon. Scott N. Freeman, District Judge Douglas A. Nutton Attorney General/Carson City Washoe County District Attorney Washoe District Court Clerk

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