USA v. David Sheppard

Filing

UNPUBLISHED OPINION FILED. [16-11105 Affirmed] Judge: CDK, Judge: JWE, Judge: SAH. Mandate pull date is 08/17/2017 for Appellant David Sheppard [16-11105]

Case: 16-11105

Document: 00514090904

Page: 1

Date Filed: 07/27/2017

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 16-11105
Summary Calendar

United States Court of Appeals
Fifth Circuit

FILED
July 27, 2017
Lyle W. Cayce
Clerk

UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
DAVID SHEPPARD,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:16-CR-21-5
Before KING, ELROD, and HIGGINSON, Circuit Judges.
PER CURIAM: *

David Sheppard pleaded guilty to conspiracy to possess with intent to
distribute a controlled substance in violation of 21 U.S.C. § 841(a)(1) and 21
U.S.C. § 846. The district court sentenced him to 235 months of imprisonment
and a three-year term of supervised release. Sheppard appeals the application
of the U.S.S.G. § 2D1.1(b)(5) enhancement for an offense that involved the

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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

Case: 16-11105

Document: 00514090904

Page: 2

Date Filed: 07/27/2017

No. 16-11105
importation of methamphetamine. He argues that there was an inadequate
evidentiary basis for the offense level enhancement.
Because Sheppard did not present rebuttal evidence to contradict the
information in the presentence report, the district permissibly relied on it. See
United States v. Zuniga, 720 F.3d 587, 591 (5th Cir. 2013). Sheppard has not
shown that the district court clearly erred when it applied the § 2D1.1(b)(5)
importation enhancement. See United States v. Serfass, 684 F.3d 548, 554 (5th
Cir. 2012).
AFFIRMED.

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