United States v. Vicente Diaz-Garcia

MEMORANDUM

Vicente Diaz-Garcia appeals his conviction and sentence for illegal reentry into the United States in violation of 8 U.S.C. § 1326 . We reject his arguments and affirm. We have jurisdiction pursuant to 28 U.S.C. § 1291 .

We review Sixth Amendment speedy trial claims de novo and underlying factual findings for clear error. United States v. Mendoza, 530 F.3d 758, 762 (9th Cir.2008). We review a district court’s decision whether to reduce a defendant’s sentence for acceptance of responsibility for clear error. United States v. Johnson, 581 F.3d 994, 1001 (9th Cir.2009). Absent a defendant’s objection before the district court, we review a defendant’s sentence for plain error. United States v. Charles, 581 F.3d 927, 932 (9th Cir.2009).

First, the district court did not commit clear error in finding that delaying the federal prosecution until after the state trial was justified because simultaneous state and federal trials presented a risk of conflicting hearing dates and transportation. Similarly, the district court’s finding that there was no evidence of bad faith by the government for the four-month post-sentencing delay was not clear error. Moreover, the district…