U.S. Court of Appeals for the Fifth Circuit, 2006

United States v. Shepherd

United States v. Shepherd
U.S. Court of Appeals for the Fifth Circuit · Decided March 23, 2006 · Jolly, Davis, Owen
172 F. App'x 567

United States v. Shepherd

Opinion

PER CURIAM: *

Trenton Glenn Shepherd appeals his sentence following his guilty plea conviction for possession of a firearm while addicted to or unlawfully using a controlled substance. Shepherd argues that his sentence was improper under United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). However, Shepherd knowingly and voluntarily waived his appellate rights, the Government has invoked the waiver, and the plain language of the waiver bars this appeal. See United States v. Story, 439 F.3d 226, 231-232 (5th Cir. 2006); United States v. Bond, 414 F.3d 542, 546 (5th Cir. 2005); United States v. McKinney, 406 F.3d 744, 746 (5th Cir. 2005). Shepherd’s argument that the waiver does not bind him because it was perfected prior to the release of Booker is unavailing. See United States v. Burns, 433 F.3d 442, 450-51 (5th Cir. 2005). Consequently, Shepherd’s appeal is DISMISSED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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