Diaz pled guilty to one count of wire fraud, for which he faced an advisory Guidelines range of imprisonment of between 0 and 6 months. Surprisingly, he was sentenced to 6 months in prison. Why?
Defendant's offenses was a serious betrayal of public trust. Tests of the kind administered by defendant must be accurate to ensure the soundness of construction and the safety of the public. An incarceratory sentence is warranted. The court has the power to go above the guidelines range in sentencing this type of offense, but a sentence within the guidelines is sufficient in light of defendant's good work history, his intelligence, his efforts to advance himself through education, the work he has done to support his family, and his close relationships with his daughters and granddaughters.