United States v. Francisco Valencia-Villa

15-10467·Judge: Davis, Smith, Prado·Attorney: James Wesley Hendrix, Assistant U.S. Attorney, U.S. Attorney’s Office, Dallas, TX, for Plaintiff-Appellee,, James Matthew Wright, Assistant Federal Public Defender, Federal Public Defender’s Office, Amarillo, TX, Charles M. Bleil, Federal Public Defender’s Office, Dallas, TX, for Defendant-Appellant.0 citations

Opinions

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

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.