Case: 11-50603 Document: 00511761496 Page: 1 Date Filed: 02/17/2012
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
February 17, 2012
No. 11-50603
Conference Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
KENNETH EUGENE MOORE,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 1:11-CR-29-1
Before HIGGINBOTHAM, GARZA, and SOUTHWICK, Circuit Judges.
PER CURIAM:*
Appealing the judgment in a criminal case, Kenneth Eugene Moore raises
arguments that he concedes are foreclosed by United States v. Hernandez, 633
F.3d 370, 374 (5th Cir.), cert. denied, 131 S. Ct. 3006 (2011), which held that a
sentence within the statutory maximum that is based upon judge-found facts
does not violate the Sixth Amendment. The Government’s motion for summary
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 11-50603 Document: 00511761496 Page: 2 Date Filed: 02/17/2012
No. 11-50603
affirmance is GRANTED, the Government’s alternative motion for an extension
of time to file a brief is DENIED, and the judgment of the district court is AFFIRMED.
2