Legal Opinion
United States v. Don Shepherd
Court of Appeals for the Fifth Circuit
Decided February 9, 2017No. 15-20268PublishedCited by 32 opinions
1Opinion of the Court
EDITH H. JONES, Circuit Judge:
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 the court did by issuing a sentence that effectively accepts Shepherd’s objection. Not content with partial but palpable success, he claims on appeal that the court’s pronouncement was too “vague” to withstand harmless error analysis. We disagree.…
2Cases cited14 opinions
- Mathis v. United StatesSupreme Court of the United States · 2016
- Molina-Martinez v. United StatesSupreme Court of the United States · 2016
- United States v. Jose Escalante-ReyesCourt of Appeals for the Fifth Circuit · 2012
- United States v. Wayland HinkleCourt of Appeals for the Fifth Circuit · 2016
- United States v. Ibarra-LunaCourt of Appeals for the Fifth Circuit · 2010
9 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- United States v. Howard HalversonCourt of Appeals for the Fifth Circuit · 2018
- United States v. HillCourt of Appeals for the Fifth Circuit · 2023
- United States v. Johnny EscalanteCourt of Appeals for the Fifth Circuit · 2019
- United States v. Fredis Reyes-ContrerasCourt of Appeals for the Fifth Circuit · 2018
- United States v. Santiago SanchezCourt of Appeals for the Fifth Circuit · 2017
27 more not listed; retrieve them via the Exa API.