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, — U.S.-, 131 S.Ct. 3006, 180 L.Ed.2d 832 (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 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.