Appealing the judgment in a criminal case, Dustin Pulido raises an argument *453 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 judge-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.