Case: 16-10087 Document: 00513721995 Page: 1 Date Filed: 10/18/2016
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 16-10087
Conference Calendar
United States Court of Appeals
Fifth Circuit
FILED
October 18, 2016
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
FRANCISCO DE LA CRUZ, JR., also known as Frank Delacruz,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 5:12-CR-111-1
Before HIGGINBOTHAM, JONES, and HIGGINSON, Circuit Judges.
PER CURIAM: *
Appealing the judgment in a criminal case, Francisco De La Cruz, Jr.,
raises an argument that is foreclosed by United States v. Alcantar, 733 F.3d
143 (5th Cir. 2013). In Alcantar, 733 F.3d at 145-46, we rejected the argument
that Nat’l Fed’n of Indep. Bus. v. Sebelius, 132 S. Ct. 2566 (2012), affected our
prior jurisprudence rejecting challenges to the constitutionality of 18 U.S.C.
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-10087 Document: 00513721995 Page: 2 Date Filed: 10/18/2016
No. 16-10087
§ 922(g)(1). Accordingly, the motion for summary affirmance is GRANTED,
the alternative motion for an extension of time to file a brief is DENIED, and
the judgment of the district court is AFFIRMED.
2