USA v. Valdes-Sanches, No. 06-50585 (5th Cir. 2006)

Annotate this Case
Download PDF
United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT December 6, 2006 Charles R. Fulbruge III Clerk No. 06-50585 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus URDANO VALDES-SANCHES, Defendant-Appellant. -------------------Appeal from the United States District Court for the Western District of Texas USDC No. 2:05-CR-838-ALL -------------------Before REAVLEY, STEWART, and CLEMENT, Circuit Judges. PER CURIAM:* Appealing the Judgment in a Criminal Case, Urdano ValdesSanches raises arguments that are foreclosed by Almendarez-Torres v. United States, 523 U.S. 224, 235 (1998), which held that 8 U.S.C. ยง 1326(b)(2) is a penalty provision and not a separate criminal offense. The Government s motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED. * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.