United States v. Miguel-Pedro

Case: 25-50738 Document: 78-1 Page: 1 Date Filed: 08/31/2026

United States Court of Appeals for the Fifth Circuit United States Court of Appeals ____________ Fifth Circuit FILED No. 25-50738 August 31, 2026 Summary Calendar Lyle W. Cayce ____________ Clerk United States of America, Plaintiff—Appellee, versus Manuel Miguel-Pedro, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Western District of Texas USDC No. 3:25-CR-659-1 ______________________________ Before Smith, Southwick, and Oldham, Circuit Judges.

Per Curiam: * Manuel Miguel-Pedro appeals his 21-month sentence for illegal reentry following removal. He challenges the substantive reasonableness of the upward-variance sentence.

Miguel-Pedro fails to show an abuse of discretion. See United States v. Fraga, 704 F.3d 432, 439–40 (5th Cir. 2013). The district court properly considered his prior conviction that was not accounted for by the sentencing Case: 25-50738 Document: 78-1 Page: 2 Date Filed: 08/31/2026

No. 25-50738 guidelines. See United States v. Lopez-Velasquez, 526 F.3d 804, 807 (5th Cir. 2008). Miguel-Pedro does not demonstrate that the district court clearly erred in balancing the statutory sentencing factors or in affording weight to the various aspects of his criminal history. See Fraga, 704 F.3d at 440.

AFFIRMED.