United States of America v. JOSEPH DIAZ, AKA Joseph Lopez

This disposition is not appropriate for publication and is not precedent*
except as provided by Ninth Circuit Rule 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NOT FOR PUBLICATION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.
JOSEPH DIAZ, AKA Joseph Lopez,
Defendant - Appellant.
No. 10-10103
D.C. No. 4:09-cr-00060-RCC-
BPV-1
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Raner C. Collins, District Judge, Presiding
Submitted February 15, 2011**
San Francisco, California
Before: NOONAN, O’SCANNLAIN, and TROTT, Circuit Judges.
Diaz appeals from his sentence of 630 months following his plea of guilty to
seven counts of bank robbery, all committed after his commission of twenty-one
previous bank robberies for which he spent twenty-five years in prison. Because
FILED
FEB 18 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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he did not object to any aspect of his sentencing in the district court, our review is
for plain error. United States v. Williams, 989 F.2d 1061, 1071-72 (9th Cir. 1993).
Our inspection of the record discloses no errors in the calculation of Diaz’s
Guidelines range. In fact, his counsel accepted the court’s final calculation and
asked for a sentence within that range, which the court then imposed. Moreover,
the court clearly considered the relevant § 3553 factors and adequately explained
the choice of a sentence. Finally, given the egregious facts and circumstances of
this case and Diaz’s background, the sentence imposed was substantively
reasonable and certainly not an abuse of discretion.
Diaz’s sentencing was error-free. Thus, we AFFIRM.

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