Case: 15-10467 Document: 00513382990 Page: 1 Date Filed: 02/17/2016
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 15-10467
Conference Calendar
United States Court of Appeals
Fifth Circuit
FILED
February 17, 2016
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
FRANCISCO VALENCIA-VILLA,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:13-CR-407-1
Before DAVIS, SMITH, and PRADO, Circuit Judges.
PER CURIAM: *
Appealing the judgment in a criminal case, Francisco Valencia-Villa
raises an argument that is foreclosed by United States v. Hernandez, 633 F.3d
370, 374 (5th Cir. 2011), which held that a sentence within the statutory
maximum that is based upon judicially found facts does not violate the Sixth
Amendment. Accordingly, the motion for summary affirmance is GRANTED,
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 15-10467 Document: 00513382990 Page: 2 Date Filed: 02/17/2016
No. 15-10467
the alternative motion for an extension of time to file a brief is DENIED, and
the judgment of the district court is AFFIRMED.
2