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.