USA v. Frank Morales, No. 14-10033 (5th Cir. 2015)

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Case: 14-10033 Document: 00513012483 Page: 1 Date Filed: 04/21/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 14-10033 Conference Calendar FILED April 21, 2015 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. FRANK MORALES, Defendant-Appellant Appeals from the United States District Court for the Northern District of Texas USDC No. 4:13-CR-93-1 Before REAVLEY, SMITH, and GRAVES, Circuit Judges. PER CURIAM: * Appealing the judgment in a criminal case, Frank Morales raises an argument that he concedes 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 unopposed motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED. 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. *

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