Case: 14-10976 Date Filed: 05/12/2016 Page: 1 of 3
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 14-10976
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D.C. Docket No. 7:13-cr-00314-LSC-HGD-1
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
OSCOREN SHEPHERD,
Defendant - Appellant.
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Appeal from the United States District Court
for the Northern District of Alabama
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(May 12, 2016)
Case: 14-10976 Date Filed: 05/12/2016 Page: 2 of 3
Before WILSON and MARTIN, Circuit Judges, and RODGERS, ∗ District Judge.
PER CURIAM:
Oscoren Shepherd pled guilty to being a felon in possession of a firearm, in
violation of 18 U.S.C. §§ 922(g)(1) and 943(e). He now appeals that conviction.
Shepherd argues that the district court erred under Rule 11(b)(3) of the Federal
Rules of Criminal Procedure in accepting his guilty plea because the plea was not
supported by a sufficient factual basis.1 However, we review this claim for plain
error since Shepherd did not raise it before the district court, see United States v.
Puentes-Hurtado, 794 F.3d 1278, 1285–86 (11th Cir. 2015), and under that
standard of review, we must affirm.
While it is possible that the district court erred in accepting Shepherd’s
guilty plea, his claim fails because he cannot show that the error affected his
substantial rights. See United States v. Hoffman, 710 F.3d 1228, 1232 (11th Cir.
2013) (per curiam) (Plain error requires a defendant to demonstrate “(1) an error;
(2) that is plain; (3) that affects substantial rights; and (4) that seriously affects the
fairness, integrity, or public reputation of judicial proceedings.” (internal quotation
mark omitted)). To prove that an error affected substantial rights in the guilty plea
context, a defendant “must show a reasonable probability that, but for the error, he
∗
Honorable Margaret Catharine Rodgers, United States District Chief Judge, for the
Northern District of Florida, sitting by designation.
1
In his initial brief, Shepherd also asserted that (1) he received ineffective assistance of
counsel and (2) his guilty plea is void because the term “possess” in § 922(g)(1) is
unconstitutionally vague. But, we previously issued an order dismissing those claims.
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would not have entered the plea.” United States v. Dominguez Benitez, 542 U.S.
74, 83, 124 S. Ct. 2333, 2340 (2004). In other words, Shepherd must demonstrate
that absent the district court’s error of accepting as sufficient—without further
investigation—the facts put forth in his Rule 11 proceedings, he would have gone
to trial. See United States v. Davila, 749 F.3d 982, 994 (11th Cir. 2014) (per
curiam). After thorough review of the record and the parties’ briefs, and having
had the benefit of oral argument, we cannot conclude that Shepherd has overcome
this “daunting obstacle.” See id. (internal quotation marks omitted).
AFFIRMED.
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