U.S. v. SHEPHERD

No. 15-20268.

848 F.3d 425 (2017)

UNITED STATES of America, Plaintiff-Appellee v. Don Jerome SHEPHERD, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Filed February 9, 2017.


Attorney(s) appearing for the Case

Katherine Lisa Haden , Assistant U.S. Attorney, Renata Ann Gowie , Assistant U.S. Attorney, Jimmy Eric Pardue , Attorney, U.S. Attorney's Office, Southern District of Texas, Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers , Federal Public Defender, Timothy William Crooks , Assistant Federal Public Defender, Philip G. Gallagher , Assistant Federal Public Defender, Michael Lance Herman , Assistant Federal Public Defender, Evan Gray Howze , Laura Fletcher Leavitt , Federal Public Defender's Office, Southern District of Texas, Houston, TX, for Defendant-Appellant.

Before HIGGINBOTHAM, JONES, and HAYNES, Circuit Judges.


This is an appeal that should not have been pursued. Appellant Shepherd's challenge to the PSR's sentencing guidelines calculation was brought to the district court's attention; the court acknowledged some uncertainty about the appropriate sentencing range; and the court explicitly sought to "moot" the challenge. This...

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