United States v. Esaul Diaz

15 F.3d 1091 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Esaul DIAZ, Defendant-Appellant. No. 93-50299. United States Court of Appeals, Ninth Circuit. Submitted Dec. 6, 1993. * Decided Dec. 20, 1993. Before: SNEED, NOONAN, and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Defendant Esaul Diaz appeals from the sentence imposed by the district court for his conviction under 18 U.S.C. Sec. 111 , arguing that the district court should not have sentenced him as a career offender. We affirm. I. FACTS AND PROCEEDINGS BELOW 3 On November 23, 1992, Diaz pled guilty to a charge of forcibly assaulting, resisting, opposing, impeding, and interfering with a postal employee in violation of 18 U.S.C. Sec. 111 . Based on Diaz' criminal history, and on its determination that the current offense was a crime of violence, the district court sentenced Diaz as a career offender under the Sentencing Guidelines. 4 Diaz appeals, arguing that his…