United States v. Griffith, 522 F.3d 607 (5th Cir. 2008). · Go Syfert
United States v. Griffith, 522 F.3d 607 (5th Cir. 2008). Cases Citing This Book View Copy Cite
118 citation events (118 in the last 25 years) across 6 distinct courts.
Treatment trajectory · 2008 → 2026 · click a year to view as-of
2008 2017 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Perez-Ordonez v. Bondi
5th Cir. · 2025 · quote attribution · 1 verbatim quote · confidence high
it is a well worn principle that the failure to raise an issue on appeal constitutes waiver of that argument.
discussed Cited as authority (verbatim quote) Fisher v. University of Texas at Austin (2×) also: Cited "see"
5th Cir. · 2014 · signal: see · quote attribution · 1 verbatim quote · confidence high
it is a well-worn principle that the failure to raise an issue on appeal constitutes waiver of that argument.
discussed Cited as authority (verbatim quote) United States v. Brandon Brown
5th Cir. · 2014 · signal: see · quote attribution · 1 verbatim quote · confidence high
it is a well worn principle that the failure to raise an issue on appeal constitutes waiver of that argument.
discussed Cited as authority (verbatim quote) Sheila Goudeau v. East Baton Rouge Parish Sch Bd (2×) also: Cited "see, e.g."
5th Cir. · 2013 · signal: see also · quote attribution · 1 verbatim quote · confidence high
it is a well worn principle that the failure to raise an issue on appeal constitutes waiver of that argument.
discussed Cited as authority (rule) Gilani v. UTSW Medical Center
5th Cir. · 2026 · confidence medium
A “In determining whether a plaintiff’s claims survive a Rule 12(b)(6) motion to dismiss, the factual information to which the court addresses its inquiry is limited to (1) the facts set forth in the complaint, (2) documents _____________________ 1 United States v. Griffith, 522 F.3d 607, 610 (5th Cir. 2008). 2 Case: 25-10451 Document: 75-1 Page: 3 Date Filed: 01/30/2026 No. 25-10451 attached to the complaint, and (3) matters of which judicial notice may be taken under Federal Rule of Evidence 201.” 2 “When a defendant attaches documents to its motion that are referenced in the complai…
cited Cited as authority (rule) Boone v. Rankin County
5th Cir. · 2025 · confidence medium
“It is a well worn principle that the failure to raise an issue on appeal constitutes waiver of that argument.” United States v. Griffith, 522 F.3d 607, 610 (5th Cir. 2008).
discussed Cited as authority (rule) Murphy v. Nania
S.D. Tex. · 2025 · confidence medium
Issues not raised on appeal “constitute waiver of that argument.” Matter of Ondova Limited Company, 914 F.3d 990, 994 (5th Cir. 2019) (citing United States v. Griffith, 522 F.3d 607, 610 (5th Cir. 2008)). prior judgment; (3) the prior judgment was final and on the merits; and (4) the plaintiff raises the same cause of action in both suits.
discussed Cited as authority (rule) Otkins v. Gilboy
E.D. La. · 2024 · confidence medium
Doc. 71. 37 United States v. Griffith, 522 F.3d 607, 610 (5th Cir. 2008) (citing United States v. Lee, 358 F.3d 315, 323 (5th Cir. 2004)). could have been brought in the original appeal, are not proper for reconsideration by the district court below.”38 It follows that the only issues properly before the Court following the limited remand in this matter are Plaintiff’s claims against Defendant Gilboy.
discussed Cited as authority (rule) Cunningham v. Circle 8 Crane Services
5th Cir. · 2023 · confidence medium
As to the first requirement, “employment by a carrier subject to the Secretary of Transportation’s jurisdiction,” Cunningham waived this issue by failing to raise it on appeal and argue it below, United States v. Griffith, 522 F.3d 607, 610 (5th Cir. 2008) (explaining that failure to raise an issue on appeal constitutes waiver of that argument), United States v. 7 Case: 22-50170 Document: 00516688530 Page: 8 Date Filed: 03/24/2023 No. 22-50170 Bigler, 817 F.2d 1139, 1140 (5th Cir. 1987) (explaining the court will not consider issues that were not raised before the trial court). 3 Turning…
discussed Cited as authority (rule) Wessinger v. Cain
M.D. La. · 2020 · confidence medium
That is, “[o]n remand, the only issues properly before the district court were those that arose from the remand.” United States v. Griffith, 522 F.3d 607, 610 (5th Cir. 2008) (citing Lee, 358 F.3d at 323 ). “ ‘All other issues not arising out of this court's ruling and not raised in the appeals court, which could have been brought in the original appeal, are not proper for reconsideration by the district court below.’ ” Id. (quoting Lee, 358 F.3d at 323 (emphasis in Lee)).
discussed Cited as authority (rule) United States v. Susan James
5th Cir. · 2020 · confidence medium
Given James’s failure to submit contradictory evidence, we cannot say that the district court’s determination was “implausible in light of the record as a whole,” United States v. Griffith, 522 F.3d 607, 612 (5th Cir. 2008), or that we are left “with the definite and firm conviction that a mistake has been com- mitted,” United States v. Rodriguez, 630 F.3d 377, 380 (5th Cir. 2011). 3 The district court’s finding is not error at all, much less clear error. 2.
discussed Cited as authority (rule) United States v. Rodolfo Rodriguez-Leos (2×)
5th Cir. · 2020 · confidence medium
To prevail, Rodriguez-Leos must show that the finding is “implausible in light of the record as a whole.” United States v. Griffith, 522 F.3d 607, 611-12 (5th Cir. 2008).
discussed Cited as authority (rule) Wessinger v. Cain
M.D. La. · 2019 · confidence medium
That is, “[o]n remand, the only issues properly before the district court were those that arose from the remand.” United States v. Griffith, 522 F.3d 607, 610 (5th Cir. 2008) (citing Lee, 358 F.3d at 323 ). “ ‘All other issues not arising out of this court's ruling and not raised in the appeals court, which could have been brought in the original appeal, are not proper for reconsideration by the district court below.’ ” Id. (quoting Lee, 358 F.3d at 323 (emphasis in Lee)).
cited Cited as authority (rule) Irma Rosas v. Univ of Texas at San Antonio
5th Cir. · 2019 · signal: cf. · confidence medium
Cf. United States v. Griffith, 522 F.3d 607, 610 (5th Cir. 2008) (holding that arguments not raised on appeal are waived).
discussed Cited as authority (rule) Jose Cruz v. William Barr, U. S. Atty Gen
5th Cir. · 2019 · confidence medium
Under the governing standards of review, we cannot say the Board committed reversible error. 4 See Tamara-Gomez, 447 F.3d at 351 (“The Convention Against Torture requires a ‘public official’ or ‘person acting in a public capacity’ to ‘inflict,’ ‘acquiesce,’ or ‘give consent’ to the torture.”). 5 “It is a well worn principle that the failure to raise an issue on appeal constitutes waiver of that argument.” United States v. Griffith, 522 F.3d 607, 610 (5th Cir. 2008) (citing United States v. Thibodeaux, 211 F.3d 910, 912 (5th Cir. 2000)). 6 Altamirano-Lopez v. Gonzale…
discussed Cited as authority (rule) Debe Olson v. Farmers New World Life Ins.
5th Cir. · 2019 · confidence medium
“It is a well worn principle that the failure to raise an issue on appeal constitutes waiver of that argument.” United States v. Griffith, 522 F.3d 607, 610 (5th Cir. 2008) (citing United States v. Thibodeaux, 211 F.3d 910, 912 (5th Cir. 2000)).
cited Cited as authority (rule) United States v. Emmanuel Bailey
5th Cir. · 2019 · confidence medium
See id. at 583-84; United States v. Griffith, 522 F.3d 607, 610-11 (5th Cir. 2008).
discussed Cited as authority (rule) United States v. Jose Nava-Martinez
5th Cir. · 2018 · confidence medium
As the Government points out, Nava-Martinez does not even attempt to show that § 39-17-417 criminalizes conduct that does not fall within the definition of “drug trafficking offense” under § 2L1.2. “[T]he failure to raise an issue on appeal constitutes waiver of that argument.” United States v. Griffith, 522 F.3d 607, 610 (5th Cir. 2008).
discussed Cited as authority (rule) United States v. Vincent Bazemore (2×)
5th Cir. · 2016 · confidence medium
United States v. Griffith, 522 F.3d 607, 610 (5th Cir. 2008) (emphasis omitted) (quoting Lee, 358 F.3d at 323 ).
discussed Cited as authority (rule) United States v. Vincent Bazemore (2×)
5th Cir. · 2016 · confidence medium
United States v. Griffith, 522 F.3d 607, 610 (5th Cir. 2008) (emphasis omitted) (quoting Lee, 358 F.3d at 323 ).
cited Cited as authority (rule) United States v. Reynaldo Soto
5th Cir. · 2016 · confidence medium
“We review a district court’s interpretation of the sentencing guidelines de novo and its factual findings for clear error.” United States v. Griffith, 522 F.3d 607, 611 (5th Cir.2008).
examined Cited as authority (rule) United States v. Kenny Washington (4×) also: Cited "see"
5th Cir. · 2016 · confidence medium
See Lee, 358 F.3d at 324 (“An issue is not waived if there was no reason to raise it in the initial appeal.”); Griffith, 522 F.3d at 611 (explaining that the mandate rule bars only those claims that were “germane to the original appeal,” i.e., the party raising the claim must have had "sufficient incentive to raise that issue in the prior proceedings" (alterations omitted)).
discussed Cited as authority (rule) United States v. Jose Zavala-Rodriguez (2×) also: Cited "see"
5th Cir. · 2015 · confidence medium
In light of the record as a whole, the district court plausibly could have found that Davila suffered bodily injury. • See *220 United States v. Griffith, 522 F.3d 607, 611-12 (5th Cir.2008).
discussed Cited as authority (rule) United States v. Alejandro Cabrera (2×) also: Cited "see"
5th Cir. · 2015 · confidence medium
This court reviews “the district court’s interpretation of a remand order, including whether the mandate rule forecloses any of the district court’s action on remand, de novo.” United States v. Griffith, 522 F.3d 607, 610 (5th Cir.2008).
cited Cited as authority (rule) United States v. David Samuels
5th Cir. · 2015 · confidence medium
Even if Samuels did not waive review of this claim by failing to raise it in the original appeal, see United States v. Griffith, 522 F.3d 607, 610 (5th Cir.2008), this claim fails.
discussed Cited as authority (rule) Anibal Canales, Jr. v. William Stephens, Director
5th Cir. · 2014 · confidence medium
“It is a well worn principle that the failure to raise an issue on appeal constitutes waiver of that argument.” See United States v. Griffith, 522 F.3d 607, 610 (5th Cir.2008) (citing United States v. Thibodeaux, 211 F.3d 910, 912 (5th Cir.2000)).
cited Cited as authority (rule) United States v. Darrell Lucky
5th Cir. · 2014 · confidence medium
United States v. Griffith, 522 F.3d 607, 610 (5th Cir.2008) (“[Fjailure to raise an issue on appeal constitutes waiver of that argument.”).
cited Cited as authority (rule) Glenn v. Imperial Palace of Mississippi, L.L.C.
5th Cir. · 2014 · confidence medium
“It is a well worn principle that the failure to raise an issue on appeal constitutes waiver of that argument.” United States v. Griffith, 522 F.3d 607, 610 (5th Cir.2008).
cited Cited as authority (rule) United States v. Janice Stallons
5th Cir. · 2014 · confidence medium
Because "the failure to raise an issue on appeal constitutes waiver of that argument,” United States v. Griffith, 522 F.3d 607, 610 (5th Cir.2008), we need not and do not reach this issue.
discussed Cited as authority (rule) United States v. James (2×)
10th Cir. · 2014 · confidence medium
“It follows that an objection to a sentence must be appealed for the district court, on remand, to have authority to revisit it.” - 11 - Griffith, 522 F.3d at 610 (citations omitted).
cited Cited as authority (rule) United States v. Glenn Smith
5th Cir. · 2013 · confidence medium
United States v. Griffith, 522 F.3d 607, 611-12 (5th Cir.2008).
cited Cited as authority (rule) United States v. Michael Wilbourn
5th Cir. · 2012 · confidence medium
“Unless the factual finding is implausible in light of the record as a whole, it is not clearly erroneous.” United States v. Griffith, 522 F.3d 607, 611-12 (5th Cir. 2008).
cited Cited as authority (rule) United States v. Michael Washington
5th Cir. · 2012 · confidence medium
“Unless the factual finding is implausible in light of the record as a whole, it is not clearly erroneous.” United States v. Griffith, 522 F.3d 607, 611-12 (5th Cir. 2008).
cited Cited as authority (rule) United States v. Ronald Thomas
5th Cir. · 2012 · confidence medium
“Unless the factual finding is implausible in light of the record as a whole, it is not clearly erroneous.” United States v. Griffith, 522 F.3d 607, 611-12 (5th Cir.2008).
cited Cited as authority (rule) United States v. William Johnson, Jr.
5th Cir. · 2012 · confidence medium
“Unless the factual finding is implausible in light of the record as a whole, it is not clearly erroneous.” United States v. Griffith, 522 F.3d 607, 611-12 (5th Cir.2008).
discussed Cited as authority (rule) United States v. Steven Carr
5th Cir. · 2012 · confidence medium
The district court’s conclusion that Carr’s statements on the night of the robbery rose to the level of a threat of death is not “implausible in light of the record as a whole.” United States v. Griffith, 522 F.3d 607, 611-12 (5th Cir.2008).
cited Cited as authority (rule) United States v. King Arthur
5th Cir. · 2011 · confidence medium
United States v. Griffith, 522 F.3d 607, 611 (5th Cir.2008). 51 .
cited Cited as authority (rule) Richard Chambers v. Sears Roebuck & Co.
5th Cir. · 2011 · signal: cf. · confidence medium
Cf. United States v. Griffith, 522 F.3d 607, 610 (5th Cir.2008) (“It is a well-worn principle that the failure to raise an issue on appeal constitutes waiver of that argument”).
discussed Cited as authority (rule) United States v. Martinez
5th Cir. · 2010 · confidence medium
That argument fails, however, because Martinez waived it when he failed to raise it in his first appeal. “[I]s-sues not arising out of this court’s ruling [on appeal] and not raised in the appeals court, which could have been brought in the original appeal, are not proper for reconsideration by the district court below.” United States v. Griffith, 522 F.3d 607, 610 (5th Cir.2008) (emphasis, deleted) (quoting Lee, 358 F.3d at 323).
discussed Cited as authority (rule) United States v. Terry Miller
5th Cir. · 2010 · confidence medium
Failure to raise an issue in an initial appeal constitutes waiver of that issue “unless ‘there was no reason to raise it in the initial appeal.’ ” United States v. Griffith, 522 F.3d 607, 610 (5th Cir.2008) (quoting Lee, 358 F.3d at 324 ).
cited Cited as authority (rule) United States v. Starnes
5th Cir. · 2010 · confidence medium
United States v. Griffith, 522 F.3d 607, 609-10 (5th Cir.), cert. denied, Martin v. United States, — U.S. -, 129 S.Ct. 211 , 172 L.Ed.2d 156 (2008).
cited Cited as authority (rule) Chambers v. SEARS, ROEBUCK AND CO.
S.D. Tex. · 2010 · signal: cf. · confidence medium
Cf. United States v. Griffith, 522 F.3d 607, 610 (5th Cir.2008) (“It is a well-worn principle that the failure to raise an issue on appeal constitutes waiver of that argument”).
cited Cited as authority (rule) Collins-Pearcy v. Mediterranean Shipping Co. (USA)
S.D. Tex. · 2010 · signal: cf. · confidence medium
Cf. United States v. Griffith, 522 F.3d 607, 610 (5th Cir.2008) ("It is a well-worn principle that the failure to raise an issue on appeal constitutes waiver of that argument”). 42 .
cited Cited as authority (rule) Kaufman v. Robinson Property Group, L.P.
N.D. Miss. · 2009 · confidence medium
“On remand, the only issues properly before the district court [are] those that [arise] from the remand.” United States v. Griffith, 522 F.3d 607, 610 (5th Cir.2008).
discussed Cited as authority (rule) United States v. Robelo-Molina
5th Cir. · 2009 · confidence medium
United States v. Valdez-Valdez, 143 F.3d 196, 197-98 (5th Cir.1998); United States v. Griffith, 522 F.3d 607, 611 (5th Cir.2008) Federal law, not state law, applies to the issue of statutory interpretation and, thus, “we are not constrained by a state’s treatment of a felony conviction when we apply the federal sentence-enhancement provisions.” Valdez-Valdez, 143 F.3d at 200 (internal quotations omitted).
cited Cited as authority (rule) United States v. Boyd
5th Cir. · 2009 · confidence medium
He has therefore waived both of these loss calculation issues, See United States v. Griffith, 522 F.3d 607, 610 (5th Cir.2008), cert. denied, -U.S.-, 129 S.Ct. 211 , 172 L.Ed.2d 156 (2008).
discussed Cited as authority (rule) United States v. Johnson (2×) also: Cited "see"
5th Cir. · 2008 · confidence medium
“Unless the factual finding is implausible in light of the record as a whole, it is not clearly erroneous.” United States v. Griffith, 522 F.3d 607, 611-12 (5th Cir.), cert. denied , — U.S. -, 129 S.Ct. 211 , 172 L.Ed.2d 156 (2008).
cited Cited as authority (rule) United States v. Ordonez
5th Cir. · 2008 · confidence medium
United States v. Griffith, 522 F.3d 607, 611 (5th Cir.2008).
discussed Cited as authority (rule) Haygood v. Quarterman
5th Cir. · 2008 · confidence medium
“On remand, the only issues properly before the district court [are] those that [arise] from the remand.” United States v. Griffith, 522 F.3d 607, 610 (5th Cir.), petition for cert. filed (U.S. June 25, 2008) (No. 08-5022).
discussed Cited as authority (rule) United States v. Kimbrough
5th Cir. · 2008 · confidence medium
Because we conclude that the district court erroneously calculated the defendants' guideline ranges, and we must remand for resen-tencing, we do not address Kimbrough’s claim on cross-appeal that the court erroneously departed upward from the guidelines. 2 . 522 F.3d 607, 611 (5th Cir.2008). 3 .
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Leonard Duane GRIFFITH, Also Known as Radar; Michael Curtis Lewis, Also Known as Bones; Michael Norris Martin, Also Known as Mikey; And Malachi David Wren, Defendants-Appellants
07-50531.
Court of Appeals for the Fifth Circuit.
Apr 1, 2008.
522 F.3d 607
Joseph H. Gay, Jr., Asst. U.S. Atty., Mark Twain Roomberg, San Antonio, TX, for U.S., Stephen W. Spurgin, Marfa, TX, for Griffith., Franklin H. McCallum, Midland, TX, for Lewis., David Glenn Rogers, Fivecoat & Rogers, Midland, TX, for Martin., Grayson Kirk Meade, Meade & Nehring Law Office, Alpine, TX, for Wren.
Smith, Prado, Yeakel.
Cited by 82 opinions  |  Published
JERRY E. SMITH, Circuit Judge:

Leonard Griffith, Michael Lewis, Michael Martin, and Malachi Wren appeal the respective sentences for their participation in a conspiracy to distribute methamphetamine. We affirm.

I.

Lewis, Wren, and five others were indicted for engaging in a continuing criminal enterprise (“CCE”) involving more than 15,000 grams of a substance or mixture containing methamphetamine in violation of 21 U.S.C. § 848. Additionally, the four defendants and twenty-five others were charged with conspiracy to manufacture, distribute, and possess with intent to distribute over 500 grams of a substance or mixture containing methamphetamine in violation of 21 U.S.C. § 846. At trial, the government tried to prove a large methamphetamine conspiracy centered on the Aryan Circle gang. [1] All four defendants were convicted as charged.

Martin and Griffith each objected to his respective presentence investigation report. Martin requested a four-level decrease for being a minimal participant, and Griffith objected to receiving enhancement points for obstruction of justice. The district court sentenced Griffith to 30 years’ imprisonment and Martin to 210 months for their respective roles in the conspiracy, after enhancing their offense levels for being leaders of the conspiracy. The court sentenced Lewis and Wren to mandatory terms of life imprisonment pursuant to the CCE conviction.

Defendants appealed. Martin and Griffith appealed only the leadership enhancements of their sentences. We reversed the convictions of Lewis and Wren on the CCE charge and the leadership enhancements to Griffith’s and Martin’s sentences and remanded for re-sentencing. Lewis, 476 F.3d at 391.

At re-sentencing, defendants asked for a four- or two-level decrease to their offense levels for being minimal or minor participants. Griffith re-raised his objection to the two-level enhancement for obstruction[*610] of justice. The district court rejected the objections for two reasons: It reasoned, first, that the mandate rule, or law of the case doctrine, precluded defendants from raising their objections at re-sentencing and second, that even if the mandate rule did not apply, defendants had not met their burdens of proof. The court sentenced Lewis and Wren to 360 months each, Griffith to 262 months, and Martin to 168 months.

II.

Defendants object to the district court’s application of the mandate rule to their objections regarding their request for a decrease for minimal or minor participant. We review a district court’s interpretation of a remand order, including whether the mandate rule forecloses any of the district court’s action on remand, de novo. United States v. Elizondo, 475 F.3d 692, 695 (5th Cir.), cert. denied, — U.S. -, 127 S.Ct. 1865, 167 L.Ed.2d 355 (2007).

On remand, the only issues properly before the district court were those that arose from the remand. United States v. Lee, 358 F.3d 315, 323 (5th Cir.2004). “All other issues not arising out of this court’s ruling and not raised in the appeals court, which could have been brought in the original appeal, are not proper for reconsideration by the district court below.” Id. It follows that an objection to a sentence must be appealed for the district court, on remand, to have authority to revisit it.

A.

Martin and Griffith challenge the district court’s refusal to entertain their arguments that they were entitled four- or two-level decreases pursuant to U.S.S.G. § 3B1.2 (2004) for being either a minimal or minor participant. Additionally, Griffith argues the court erred in refusing to entertain his objection to his two-level enhancement for obstruction of justice, imposed pursuant to § 3C1.1 (2004). These arguments are waived.

Martin’s request for a decrease and Griffith’s objection to the enhancement for obstruction of justice fit squarely within the waiver doctrine announced in Lee. Neither defendant has demonstrated why he was unable to appeal his issue in the initial appeal. Each did appeal the leadership enhancements, which we reversed. See Lewis, 476 F.3d at 391. It does not follow that because they appealed one aspect of the sentence, they preserved every other objection for review on remand. In fact, because they had already objected in the district court on those very grounds, they had every incentive and opportunity to appeal the sentence on those grounds as well. Because they did not, the arguments are waived.

Griffith’s argument concerning his right to a minimal or minor role decrease also fails, but it is a more complicated issue. It is a well worn principle that the failure to raise an issue on appeal constitutes waiver of that argument. United States v. Thibodeaux, 211 F.3d 910, 912 (5th Cir.2000). There is no doubt that in the first appeal Griffith waived the issue of a decrease for his limited participation in the conspiracy, because he did not raise it in that court. The issue is deemed waived on this appeal as well, unless “there was no reason to raise it in the initial appeal.” Lee, 358 F.3d at 324.

There were certainly reasons to raise the issue of a decrease in the initial appeal. First, objections to the sentence should extend not only to any enhancements the district court imposes, but also to any decreases the defendant believes he deserves. The point is to get the sentence correct the first time. A different problem might arise if a defendant were forced to[*611] take one of two mutually exclusive positions such that our decision breathed new life into one of those positions. See United States v. Whren, 111 F.3d 956, 960 (D.C.Cir.1997). There is nothing in our reversal of the leadership enhancement that specifically breathes life into this question, however, because the issues are not mutually exclusive.

Secondly, it should have been apparent to Griffith that he could request a decrease to his offense level; indeed, his co-defendant Martin had already done so. The mandate rule therefore foreclosed Griffith’s request for a decrease to his offense level at re-sentencing.

The arguments presented by Martin and Griffith are waived according to the mandate rule announced in Lee. For this reason, we do not reach their second claim that the district court was clearly erroneous in reaching the conclusion it did. See Lee, 358 F.3d at 323 (“[T]he re-sentencing court can consider whatever this court directs — no more, no less.”).

B.

The mandate rule does not preclude Wren and Lewis from requesting decreases in their sentences, pursuant to U.S.S.G. § 3B1.2 (2004), for their alleged limited participation in the conspiracy. As we noted in our original opinion, the district court ordered no sentence for Wren and Lewis’s conspiracy conviction, because conspiracy is a lesser included offense of CCE. Lewis, 476 F.3d at 376. CCE carries a mandatory life sentence. Wren and Lewis challenged their CCE convictions, and Wren challenged his conspiracy conviction in this court. We vacated the CCE convictions, and on remand the district court sentenced them for their participation in the conspiracy.

The district court erroneously concluded that the mandate rule precluded defendants from raising objections to their conspiracy sentences for minor or minimal participation. In Lee, we reaffirmed “the principle that ‘whether a [party] waived an issue for consideration at re-sentencing [depends on] whether the party had [sufficient] incentive to raise th[at] issue in the prior proceedings.’ ” Lee, 358 F.3d at 324 (brackets in original) (quoting United States v. Hass, 199 F.3d 749, 753 (5th Cir.1999)).

There is no reason to suppose Wren or Lewis had any reason to argue for a decrease in his sentence. At the time of their conviction, they had no sentence to which to object, because they had been sentenced only for their participation in the CCE. Our rule does not require a defendant to object to every possible permutation a case may assume after remand; instead, the rule is based in the proposition that defendants must raise all issues germane to the case as appealed. See Lee, 358 F.3d at 324. Because neither defendant’s prospective conspiracy sentences was germane to the original appeal, wholly because there was nothing related to sentencing to appeal, the mandate rule does not apply.

III.

The district court determined, in the alternative, that the defendants had not met their burden of proof that they were substantially less culpable than the average participant in the conspiracy, so it declined to apply § 3B1.2. We consider only Wren and Lewis’s contention that they deserved such a reduction because the mandate rule precluded Griffith and Martin from asserting it.

We review a district court’s interpretation of the sentencing guidelines de novo and its factual findings for clear error. United States v. Huerta, 182 F.3d 361, 364 (5th Cir.1999). Unless the factual[*612] finding is implausible in light of the record as a whole, it is not clearly erroneous. Id.

The guidelines provide for a four-level decrease if a defendant was a minimal participant in the criminal activity and a two-level decrease if he was a minor participant. U.S.S.G. § 3B1.2 (2004). A minimal-participant adjustment is appropriate for those defendants who “are plainly among the least culpable of those involved.” U.S.S.G. § 3B1.2 Application Note 4 (2004). A minor participant adjustment is appropriate for a defendant “who is less culpable than most other participants, but whose role could not be described as minimal.” U.S.S.G. § 3B1.2 Application Note 5 (2004). The determination is fact-based, U.S.S.G. § 3B1.2 Application Note 3 (2004), so we will upset a sentence only if that finding is clearly erroneous. Our inquiry is whether, in light of the whole record, the finding is implausible. Here it is not.

A.

Lewis was aware of the drug conspiracy and had extensive participation in it. For example, he organized the cooking of, and sold, methamphetamine. While incarcerated, he held the rank of captain in the Aryan Circle. Outside of jail, he was a major.

Curtis Perkins testified that Lewis recruited him to participate in the conspiracy and was producing and selling, along with Victor Tucker, ten ounces of methamphetamine a week. Christopher Barrandey testified that he and Lewis started the Odessa chapter of the Aryan Circle and that all members of the Aryan Circle were involved in the production of methamphetamine, such that whoever needed to borrow money or drugs to meet demand could get it from another member of the organization.

Lewis’s only counter-argument is that his sentence should be comparable to Griffith’s because they played similar roles in the conspiracy. In Lewis, 476 F.3d at 389, we said Griffith’s participation in the methamphetamine trade was minor. In that case, however, we were discussing Griffith’s participation in light of the district court’s organizer-or-leader enhancement and not in view of whether Griffith was entitled to the decrease Lewis requests. Id.

Even if we did determine in Lewis that Griffith’s participation was minor as defined in U.S.S.G. § 3B1.2 (2004), that determination would not extend to Lewis. We said there was no evidence that Griffith recruited accomplices, claimed a share of methamphetamine proceeds, or exercised control over others. Lewis, 476 F.3d at 389. As the above evidence demonstrates, there is certainly evidence Lewis did all the above.

B.

Wren likewise claims he deserves a decrease pursuant to § 3B1.2 (2004). He directs our attention to two indications that he did not participate in the conspiracy at the level of the others: first, that there was no evidence that he was a formal member of the Aryan Circle and second, that his name rarely appears in the record without reference to Barrandey. These suggestions are unpersuasive.

It might be the case that the lack of formal membership in an organization could indicate less-than-average participation in the organization’s conspiracy, but it is certainly not conclusive. The record indicates that Wren participated in various skirmishes, stole methamphetamine precursors, and cooked and sold methamphetamine, all on behalf of the Aryan Circle. His only income came from that participation.

Barrandey testified that he and Wren cooked one and one-half ounces of meth[*613] amphetamine every other day for three months. Barrandey also referred to Wren as his right hand man. Though this testimony might indicate Wren was Barran-dey’s inferior in the conspiracy, the close relationship could also indicate that they were equals. It was therefore not clearly erroneous to determine that Wren was undeserving of a decrease in his offense level for his particular participation in the conspiracy.

AFFIRMED.

1

. "The Aryan Circle is a prison-based organization with a white-supremacist ideology. Its members are, in theory, ranked according to a militaristic hierarchy; membership may be maintained inside and outside prison, though rank does not necessarily carry over from one realm into the other.” United States v. Lewis, 476 F.3d 369, 375 (5th Cir.), cert. denied, - U.S. -, 127 S.Ct. 2893, 167 L.Ed.2d 1164 (2007).