*1 Before JOLLY, OWEN, and HAYNES, Circuit Judges.

PER CURIAM: ^[*]

Melvin Jackson was convicted of conspiracy, being a felon in possession of a firearm, and possession with the intent to distribute heroin. United States v. Jackson , 662 F. App’x 310, 312 (5th Cir. 2016). On appeal, Jackson raised several issues, including a constitutional challenge to his sentence that was foreclosed by United States v. Hernandez , 633 F.3d 370, 374 (5th Cir. 2011). See Jackson 662 F. App’x at 312, 319. We affirmed Jackson’s conviction but *2 Case: 17-30387 Document: 00514232629 Page: 2 Date Filed: 11/09/2017

No. 17-30387

vacated and remanded the sentence for further consideration of the application of a sentencing enhancement based on the severity of the injury to the victim. Id . at 318-20. On remand, the district court found that the sentencing enhancement was appropriate. Jackson does not challenge this finding.

On appeal, Jackson states that in his initial appeal he raised the issue that his sentence was unconstitutional because it was based on uncharged conduct. Jackson concedes that this argument is foreclosed by Hernandez , but he raises the issue again to preserve it for possible further review. Accordingly, Jackson’s unopposed motion for summary disposition is GRANTED, his alternative motion for an extension of time is DENIED, and the district court’s judgment is AFFIRMED.

2

[*] Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4.