United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT October 21, 2003
Charles R. Fulbruge III
Clerk
No. 03-40124
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DAVID L. SHEPARD,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:02-CR-107-1
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Before KING, Chief Judge, and JOLLY and STEWART, Circuit Judges.
PER CURIAM:*
David L. Shepard (“Shepard”), federal prisoner #02124-593,
appeals the district court’s denial of his motion to dismiss the
indictment charging him with assault with a dangerous weapon and
possession of a weapon by an inmate. Shepard argues that the
criminal prosecution against him is barred by double jeopardy
because he was charged in a prison disciplinary proceeding for
the same actions which are charged in the indictment. Shepard
further contends that the Government is collaterally estopped
*
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that this opinion should not be published and is not precedent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. 03-40124
-2-
from bringing the charges because he was not found guilty of
serious assault or possession of a weapon in the prison
disciplinary proceedings.
Shepard’s double jeopardy claim is meritless because “prison
disciplinary hearings do not bar future criminal prosecutions.”
United States v. Galan, 82 F.3d 639, 640 (5th Cir. 1996).
Shepard’s collateral estoppel argument is similarly frivolous.
To the extent he raises the collateral estoppel claim under the
Double Jeopardy Clause, it is unavailing. See id. To the extent
that he raises it independently, it is not cognizable. See
Stringer v. Williams, 161 F.3d 259, 263-64 (5th Cir. 1998).
As all of Shepard’s claims are clearly precluded by
established precedent, the appeal is frivolous and we dismiss it
as such. See Howard v. King, 707 F.2d 215, 219-20 (5th Cir.
1983); 5TH CIR. R. 42.2.
APPEAL DISMISSED.