United States v. Valentine

Case: 25-11183 Document: 62-1 Page: 1 Date Filed: 08/04/2026

United States Court of Appeals for the Fifth Circuit ____________

United States Court of Appeals Fifth Circuit No. 25-11183

Summary Calendar FILED ____________ August 4, 2026 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus

Willie Ray Valentine,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Northern District of Texas USDC No. 3:24-CR-476-1 ______________________________

Before Wiener, Stewart, and Richman, Circuit Judges.

Per Curiam: *

Defendant-Appellant Willie Ray Valentine was convicted of two counts of possession of a firearm by a convicted felon and was sentenced, pursuant to the Armed Career Criminal Act (ACCA), to serve 180 months in prison and five years on supervised release. His challenge to the classification of his prior Texas convictions for possession of cocaine with Case: 25-11183 Document: 62-1 Page: 2 Date Filed: 08/04/2026

No. 25-11183 intent to deliver as ACCA qualifying offenses fails under our jurisprudence. See United States v. Clark, 49 F.4th 889, 891 (5th Cir. 2022); United States v. Vickers, 540 F.3d 356, 366 (5th Cir. 2008). His constitutional challenge to the ACCA pursuant to Erlinger v. United States, 602 U.S. 821, 834-36 (2024), fails because examination of the record shows that any error was harmless due to his admission in connection with his plea that his three qualifying offenses occurred on separate occasions. See United States v. Valencia, 137 F.4th 331, 335 (5th Cir. 2025). The judgment of the district court is AFFIRMED.