United States v. Sheppard

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
August 26, 2008
No. 07-11147
Summary Calendar Charles R. Fulbruge III
Clerk
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
KRISTINA MARIE SHEPPARD
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 2:07-CR-80-ALL
Before WIENER, STEWART, and CLEMENT, Circuit Judges.
PER CURIAM:*
Defendant-Appellant Kristina Marie Sheppard was convicted of one count
of making false statements in violation of 18 U.S.C. § 1001 and was sentenced
to serve 16 months in prison. Sheppard appeals her sentence. Under the
discretionary sentencing system established by United States v. Booker, 543 U.S.
220 (2005), district courts retain the duty to calculate properly and consider the
applicable sentencing range under the Sentencing Guidelines, along with 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should not be published and is not precedent except under the limited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.
No. 07-11147
sentencing factors set forth in 18 U.S.C. § 3553(a), when fashioning a sentence.
United States v. Mares, 402 F.3d 511, 518-19 (5th Cir. 2005). When we review
a sentence, we typically consider whether the district court committed
significant procedural error at sentencing and, if not, whether the sentence
imposed is substantively reasonable. See Gall v. United States, 128 S. Ct. 586,
594, 597 (2007). Further, the district court’s sentencing decision is ultimately
reviewed for an abuse of discretion. Id. at 594.
Sheppard argues that the district court erred by adjusting her offense level
pursuant to U.S.S.G. § 3A1.2 based on its determination that Officer Kernell was
an official victim of the offense. Our examination of the record reveals no
significant procedural error and nothing unreasonable in Sheppard’s sentence.
Accordingly, the judgment of the district court is
AFFIRMED.
2