Case: 11-10866 Document: 00511939826 Page: 1 Date Filed: 07/31/2012
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
July 31, 2012
No. 11-10866
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
SANTIAGO VALDEZ,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:11-CR-65-2
Before BENAVIDES, STEWART, and HIGGINSON, Circuit Judges.
PER CURIAM:*
Santiago Valdez appeals from the 360-month sentence imposed following
his guilty plea conviction for conspiracy to distribute more than 500 grams of
cocaine. He argues that his sentence, which was enhanced pursuant to U.S.S.G.
§ 4B1.1 based on Valdez’s status as a career offender, violates the Eighth
Amendment because it was cruel and unusual punishment, disproportionate to
his offense, and essentially amounted to a life sentence based on his age. Valdez
has not shown that his sentence is grossly disproportionate to the crime. He
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
Case: 11-10866 Document: 00511939826 Page: 2 Date Filed: 07/31/2012
No. 11-10866
committed the instant offense after two prior felony convictions; was sentenced
as a recidivist; was held responsible in the instant case for heroin, cocaine, and
cocaine base equivalent to 8,517.57 kilograms of marijuana; and has failed to set
forth any cogent argument regarding the disproportionality of his sentence. See
Rummel v. Estelle, 445 U.S. 263, 284-85 (1980).
AFFIRMED.
2