United States v. Joseph Diaz

86 F.3d 1164 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Joseph DIAZ, Defendant-Appellant. No. 95-50265. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 8, 1996. Decided May 24, 1996. 1 Before: O'SCANNLAIN and TROTT, Circuit Judges; VAN SICKLE, * District Judge. 2 MEMORANDUM ** 3 Diaz appeals from his 151-month sentence imposed following his guilty plea to two counts of bank robbery in violation of 18 U.S.C. § 2113 (a). He argues that the district court improperly sentenced him as a "career offender" under U.S.S.G. § 4B1.1; in particular, he claims the court erred by treating his 1986 California conviction as a predicate "controlled substance offense" under U.S.S.G. § 4B1.2. We affirm. 4 * Section 4B1.1 defines a "career offender" as an individual who, among other things, "has at least two prior felony convictions of either a crime of violence or a controlled substance offense."…