United States v. Walter Diaz

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JUL 11 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 19-50298

Plaintiff-Appellant, D.C. No. 3:18-cr-01550-BTM-1 v.

WALTER DIAZ, AKA Waiter Diaz, AKA MEMORANDUM* Walter Diaz-Estupinan,

Defendant-Appellee.

Appeal from the United States District Court for the Southern District of California Barry Ted Moskowitz, District Judge, Presiding

Argued and Submitted February 9, 2021 Resubmitted July 9, 2024 Pasadena, California

Before: MURGUIA, Chief Judge, and BOGGS** and M. SMITH, Circuit Judges.

The government challenges the district court’s grant of “safety valve” relief

to Walter Diaz and appeals Diaz’s eight-year sentence for possessing cocaine with

intent to distribute aboard a vessel in violation of 46 U.S.C. § 70503. We have

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Danny J. Boggs, United States Circuit Judge for the U.S. Court of Appeals for the Sixth Circuit,…