Lawrence shooter's appeal denied in U.S. court
By Jim Patten
Staff Writer


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LAWRENCE — Federal court justices denied the appeal of a twice-deported illegal immigrant serving a 22-year sentence for a 2004 shooting incident.

Tony Diaz, 43, formerly of 25 Crescent St., was convicted of shooting at two people outside a Lawrence bar in July 2004.

He was sentenced to 22 years in prison in May 2006, and was sentenced to an additional six years in prison, to be served concurrently with the 22-year sentence, for illegally re-entering the United States.

In July 2004, Diaz pulled his car up to another car in which two brothers were sitting, and fired several shots at them from a .45-caliber, semiautomatic pistol as they tried to get away.

Earlier the two brothers had been inside a Lawrence bar with another brother, who had tangled with Diaz over a woman, according to police reports.

Diaz was convicted of one count of possession of a firearm and ammunition by an illegal alien and given the 22-year sentence.

He appealed the conviction, the court's denial of his motion to suppress evidence and the sentencing enhancement imposed by the Armed Career Criminal Act.

The appeal documents were unclear as to how much added prison time Diaz received under the Armed Career Criminal Act, but the court noted the act requires only "three previous convictions for a violent felony or a serious drug offense or both, committed on occasions different from one another."

Diaz, the court noted, has six such convictions.


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