United States of America v. Fidel Diaz-Lemus

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
FIDEL DIAZ-LEMUS,
Defendant - Appellant.
No. 11-10002
D.C. No. 4:10-cr-50039-DCB
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
David C. Bury, District Judge, Presiding
Submitted December 19, 2011**
Before: GOODWIN, WALLACE, and McKEOWN, Circuit Judges.
Fidel Diaz-Lemus appeals from the 12-month sentence imposed following
the revocation of his supervised release. We have jurisdiction under 28 U.S.C.
§ 1291, and we affirm.
FILED
DEC 30 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-10002 2
Diaz-Lemus contends that the district court failed to consider the 18 U.S.C.
§ 3553(a) factors in imposing the consecutive 12-month sentence, and that his
sentence is substantively unreasonable. The district court did not procedurally err
and Diaz-Lemus’ within-Guidelines sentence is reasonable in light of the totality of
the circumstances and the 18 U.S.C. § 3553(a) sentencing factors. See Gall v.
United States, 552 U.S. 38, 51 (2007); U.S.S.G. § 7B1.3(a)(1), (f).
AFFIRMED.

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