United States v. Freddy Diaz-Chavez

FILED

NOT FOR PUBLICATION SEP 13 2012

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 11-10438

Plaintiff - Appellee, D.C. No. 4:10-cr-03517-CKJ

v.

MEMORANDUM *

FREDDY DIAZ-CHAVEZ,

Defendant - Appellant.

Appeal from the United States District Court for the District of Arizona Nancy D. Freudenthal, Chief Judge, Presiding **

Submitted September 10, 2012 ***

Before: WARDLAW, CLIFTON, and N.R. SMITH, Circuit Judges.

Freddy Diaz-Chavez appeals from his guilty-plea conviction and 77-month

sentence for reentry after deportation, in violation of 8 U.S.C. § 1326. Pursuant to

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

** The Honorable Nancy D. Freudenthal, Chief Judge of the United States District Court for the District of Wyoming, sitting by designation. *** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Anders v. California, 386 U.S. 738 (1967), Diaz-Chavez’s…