United States v. Munoz-Cornelio

Case: 24-10949 Document: 97-1 Page: 1 Date Filed: 06/15/2026

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit

No. 24-10949 FILED June 15, 2026 ____________ Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus Omar Munoz-Cornelio, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Northern District of Texas USDC No. 3:23-CR-159-1 ______________________________ Before Clement, Southwick, and Engelhardt, Circuit Judges.

Per Curiam: * Omar Munoz-Cornelio was sentenced to a term of imprisonment and a subsequent period of supervised release. On appeal, he challenges some of the conditions of supervised release on the basis that they were not orally pronounced at his sentencing hearing.

We do not address that argument because, as part of his guilty plea, Munoz-Cornelio signed an appeal waiver. The waiver included relinquishing _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 24-10949 Document: 97-1 Page: 2 Date Filed: 06/15/2026

No. 24-10949 his right “to appeal [his] sentence.” An appeal waiver applies to an argument that the district court’s oral pronouncement did not include some of the conditions of supervised release, though there is an exception if any of those unpronounced conditions amounts to a “punishment imposed in excess of the statutory maximum.” United States v. Higgins, 739 F.3d 733, 738–39 (5th Cir. 2014). There is no argument that the exception applies in this case. 1 The appeal is DISMISSED.

_____________________ Munoz–Cornelio does not address the appeal waiver in his brief on appeal. Thus, we do not consider if one of our precedents, United States v. Diggles, 957 F.3d 551 (5th Cir. 2020) (en banc), modified Higgins on this question.