United States v. Shepherd , 172 F. App'x 567 ( 2006 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT March 23, 2006
Charles R. Fulbruge III
No. 04-41629 Clerk
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
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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
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this opinion should not be published and is not precedent except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
-2-
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.