United States v. Montemayor

Case: 25-40084 Document: 100-1 Page: 1 Date Filed: 02/04/2026

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 25-40084 Summary Calendar FILED ____________ February 4, 2026 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus Jose Miguel Montemayor; Marin Macrin Cerda, Defendants—Appellants. ______________________________ Appeal from the United States District Court for the Southern District of Texas USDC Nos. 7:17-CR-588-6, 7:17-CR-588-7 ______________________________ Before King, Haynes, and Ho, Circuit Judges.

Per Curiam: * Jose Miguel Montemayor and Marin Macrin Cerda appeal the sentence imposed at resentencing following their numerous drug, firearm, carjacking, and robbery convictions. Montemayor and Cerda now contend for the first time that the district court imposed procedurally unreasonable sentences on certain offenses when the court ran these sentences _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 25-40084 Document: 100-1 Page: 2 Date Filed: 02/04/2026

No. 25-40084 consecutively instead of concurrently as required by U.S.S.G. § 5G1.2(c) and when the court failed to adequately explain its decision to impose a sentence above the applicable guidelines range. However, because Montemayor and Cerda did not raise these issues in their initial appeal, even though they had as much reason to raise them then as they do now, they have waived these issues. See United States v. Griffith, 522 F.3d 607, 610 (5th Cir. 2008).

AFFIRMED.