Cases

PER CURIAM: Tom Dale, appointed appellate counsel for Alvaro De La Torre-Valdez in this direct criminal appeal, has moved to withdraw from further representation of the appellant and filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Our independent review of the entire record reveals that counsel’s assessment of the relative merit of the appeal is correct. Because in

PER CURIAM: * Jorge Alberto Martinez-Valdez pled guilty to illegal reentry into the United States. Pursuant to § 2L1.2(b)(l)(C) of the United States Sentencing Guidelines, the district court assessed an eight-level sentencing enhancement upon finding that Martinez-Valdez’s prior state conviction for possession of a forged instrument constituted an “aggravated felony.” Martinez-Valdez appeals his

Opinion for the court filed by Circuit Judge HENDERSON. KAREN LeCRAFT HENDERSON, Circuit Judge: Damian Valdez-Torres (Valdez-Torres) appeals the sentence he received for unarmed assault on an Immigration and Naturalization Service (INS) agent. He argues that the district court improperly used the “Aggravated Assault” provision of the United States Senten

SUMMARY ORDER Pablo Torres appeals from a judgment of the United States District Court for the Eastern District of New York (Townes, J.), entered December 2, 2005, convicting him, upon his plea of guilty, of conspiracy to possess with intent to distribute 100 grams or more of heroin, in violation of 21 U.S.C. §§ 846, 841(b)(1)(B)®. Torres was sentenced to 144 months’ imprisonment, a four-year term of supervised release and a $1

C. A. 9th Cir. Certiorari denied.

United States Court of Appeals For the First Circuit Nos. 22-1543, 22-1552 UNITED STATES OF AMERICA, Appellee, v. AUGUSTO VALDEZ, Defendant, Appellant. APPEALS FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS [Hon. Nathaniel M. Gorton, U.S. District Judge]

United States Court of Appeals For the First Circuit No. 18-2219 UNITED STATES OF AMERICA, Appellee, v. CLAUDIO VALDEZ, a/k/a Claudio Radhames Valdez Nunez, a/k/a Radhames, a/k/a Carlos Giovanetti Torres, a/k/a Luis Hernandez, a/k/a Luis Nunes, Defendant, Appellant. APPEAL FROM THE UNITED STATES DISTRICT COURT

United States Court of Appeals For the First Circuit No. 15-2120 UNITED STATES OF AMERICA, Appellee, v. JUAN FRANCISCO EMILIO CARBAJAL-VÁLDEZ, Defendant, Appellant. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO [Hon. Francisco A. Besosa, U.S. District Judge]

MEMORANDUM OPINION AND ORDER JAMES O. BROWNING, District Judge. THIS MATTER comes before the Court on: (i) Defendant Nestor Valdez’ Sentencing Memorandum, filed September 24, 2013 (Doc. 72)(“Valdez Memo.”); and (ii) the United States’ Objection to the Pre-sentence Report and Response to Defendants [sic] Sentencing Memorandum, filed October 3, 2013 (Doc. 78)(“U.S. Memo.”). The Court held a se

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 16-10395 Plaintiff-Appellee, D.C. No. v. 2:15-cr-01465- JJT-1 PRAGEDIO ESPINOZA-VALDEZ, Defendant-Appellant.

JAMES E. GRAVES, JR., Circuit Judge: The defendant Anthony Valdez, a psychiatrist, challenges multiple aspects of his trial and sentence in this money laundering and health care fraud case. He argues that there is insufficient evidence to support his conviction for money laundering; that the district court erred in applying various enhancements to his sentence; that the jury sho

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 12-50336 Plaintiff-Appellee, D.C. No. v. 3:11-cr-00872-JAH-1 JESUS VALDEZ-NOVOA, Defendant-Appellant. ORDER AND AMENDED OPINION Appeal from the United States District Cou

Opinion by Judge BYBEE; Dissent by Judge McKEOWN. OPINION BYBEE, Circuit Judge: - Jesus Valdez-Novoa, a native and citizen of Mexico, appeals his conviction for attempting to enter the United States without consent after having been previously removed in violation of 8 U.S.C. § 1326(a). We have jurisdiction under 28 U.S.C. § 1291. We affirm. Valdez-Novoa entered t

ORDER The opinion and dissent filed on July 28, 2014, and appearing at 760 F.3d 1013 (9th Cir.2014), are hereby amended. The superseding amended opinion and amended dissent will be filed concurrently with this order. With these amended opinions, the panel has voted to deny the petition for panel rehearing. The full court has been advised of the petition for rehearing en banc, and no judge has requested a vote on whether

OPINION CHRISTEN, Circuit Judge: Abelardo Niebla-Torres (Niebla), a native and citizen of Mexico, appeals his conviction for conspiracy to possess with intent to distribute marijuana, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(D), and 846. 1 Niebla argues that the district court erred

AMENDED MEMORANDUM OPINION AND ORDER JAMES A. PARKER, Senior District Judge. On November 15, 2007, at a preliminary hearing, United States Magistrate Judge Karen B. Molzen orally ordered the United States to produce under Fed.R.CrimJP. 26.2 reports written by Doña Ana County Sheriffs deputies who had arrested the Defendants.1 The United States intended to have its c

PER CURIAM: * Appealing the Judgment in a Criminal Case, Rodolfo Martinez Valdez raises arguments that are foreclosed by Almendarez-Torres v. United States, 523 U.S. 224, 235, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998), which held that a prior conviction is a sentencing factor under 8 U.S.C. § 1326(b)(2) and not a separate criminal offense. The Government’s motion for summary affirmance is GRA

JUDGMENT PER CURIAM. This Cause having been heard and considered, it is *928OrdbRed and Adjudged: AFFIRMED. See Fed. Cir. R. 36.

PER CURIAM: * Appealing the Judgment in a Criminal Case, Ramiro Rodriguez-Valdez raises arguments that are foreclosed by Almendarez-Torres v. United States, 523 U.S. 224, 235, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998), which held that 8 U.S.C. § 1326(b)(2) is a penalty provision and not a separate criminal offense. See United States v. Pineda-Arrellano, 492 F.3d 624, 625 (5th Cir.200

MEMORANDUM ** The government concedes error in the district court’s charging instruction on voluntariness. That error was harmless because of the overwhelming evidence against Martinez-Valdez. Martinez-Valdez’s surroundings when caught and his admissions when taken into custody, as well as the geography of the border area, establish that it was “beyond a reasonable doubt that the error ... did not contribute