USA v. Shepherd

Filing 920060323

Opinion

United States Court of Appeals Fifth Circuit

F I L E D
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 04-41629 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus TRENTON GLENN SHEPHERD, Defendant-Appellant. -------------------Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:04-CR-58-ALL -------------------Before JOLLY, DAVIS, and OWEN, Circuit Judges. 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 March 23, 2006 Charles R. Fulbruge III Clerk

that his sentence was improper under United States v. Booker, 543 U.S. 220 (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, F.3d , No. 04-41323, 2006 WL

242552 at *3-*4 (5th Cir. Feb. 2, 2006); United States v. Bond, 414 F.3d 542, 546 (5th Cir. 2005); United States v. McKinney,

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

*

No. 04-41629 -2406 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, Consequently, Shepherd's

433 F.3d 442, 450-51 (5th Cir. 2005). appeal is DISMISSED.