United States v. Diaz
Court of Appeals for the Seventh Circuit
1Opinion of the Court
RIPPLE, Circuit Judge.
Ralph Diaz pleaded guilty to conspiracy to possess with intent to distribute and conspiracy to distribute cocaine, see 21 U.S.C. §§ 846, 841(a)(1), and the district court sentenced him to 46 months’ imprisonment. On appeal, Mr. Diaz contends that his sentence is invalid because the district court mistakenly applied a presumption in favor of a within-guidelines sentence. He also argues, albeit only in his reply brief, that the district court did not explain sufficiently why it rejected his arguments for a lower sentence. A review of the sentencing transcript, read as a…
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