United States v. David Sheppard

Case: 16-11105 Document: 00514090904 Page: 1 Date Filed: 07/27/2017

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit

No. 16-11105 FILED
Summary Calendar July 27, 2017
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,

Plaintiff-Appellee

DAVID SHEPPARD,

Defendant-Appellant

Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:16-CR-21-5

Before KING, ELROD, and HIGGINSON, Circuit Judges.
PER CURIAM: *
David Sheppard pleaded guilty to conspiracy to possess with intent to
distribute a controlled substance in violation of 21 U.S.C. § 841(a)(1) and 21
U.S.C. § 846. The district court sentenced him to 235 months of imprisonment
and a three-year term of supervised release. Sheppard appeals the application
of the U.S.S.G. § 2D1.1(b)(5) enhancement for an offense that involved 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
Case: 16-11105 Document: 00514090904 Page: 2 Date Filed: 07/27/2017

No. 16-11105

importation of methamphetamine. He argues that there was an inadequate
evidentiary basis for the offense level enhancement.
Because Sheppard did not present rebuttal evidence to contradict the
information in the presentence report, the district permissibly relied on it. See
United States v. Zuniga, 720 F.3d 587, 591 (5th Cir. 2013). Sheppard has not
shown that the district court clearly erred when it applied the § 2D1.1(b)(5)
importation enhancement. See United States v. Serfass, 684 F.3d 548, 554 (5th
Cir. 2012).
AFFIRMED.