United States v. Francisco De La Cruz, Jr.

Opinion

Case: 16-10087 Document: 00513721995 Page: 1 Date Filed: 10/18/2016

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 16-10087 Conference Calendar United States Court of Appeals Fifth Circuit

FILED October 18, 2016 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee

v.

FRANCISCO DE LA CRUZ, JR., also known as Frank Delacruz,

Defendant-Appellant

Appeal from the United States District Court for the Northern District of Texas USDC No. 5:12-CR-111-1

Before HIGGINBOTHAM, JONES, and HIGGINSON, Circuit Judges. PER CURIAM: * Appealing the judgment in a criminal case, Francisco De La Cruz, Jr., raises an argument that is foreclosed by United States v. Alcantar, 733 F.3d 143 (5th Cir. 2013). In Alcantar, 733 F.3d at 145-46, we rejected the argument that Nat’l Fed’n of Indep. Bus. v. Sebelius, 132 S. Ct. 2566 (2012), affected our prior jurisprudence rejecting challenges to the constitutionality of 18 U.S.C.

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-10087 Document: 00513721995 Page: 2 Date Filed: 10/18/2016

No. 16-10087

§ 922(g)(1). Accordingly, the motion for summary affirmance is GRANTED, the alternative motion for an extension of time to file a brief is DENIED, and the judgment of the district court is AFFIRMED.