United States v. Shepard, 080609 FED8, 08-2469

Docket Nº:08-2469
Party Name:United States of America, Appellee, v. Glen R. Shepard, Appellant.
Case Date:August 06, 2009
Court:United States Courts of Appeals, Court of Appeals for the Eighth Circuit

United States of America, Appellee,


Glen R. Shepard, Appellant.

No. 08-2469

United States Court of Appeals, Eighth Circuit

August 6, 2009


Submitted: July 30, 2009

Appeal from the United States District Court for the Western District of Missouri.

Before Wollman, Riley, and Smith, Circuit Judges.


Glen R. Shepard (Shepard) pled guilty to being a felon in possession of ammunition, in violation of 18 U.S.C. §§ 922(g)(1) and 924(e)(1), and to being an unlawful user of methamphetamine in possession of a firearm, in violation of 18 U.S.C. §§ 922(g)(3) and 924(e)(1). The district court1 sentenced Shepard to 180 months in prison as an armed career criminal (ACC) under section 924(e), which mandates a minimum sentence of 180 months for a section 922(g) offender who has three previous convictions for a violent felony or a serious drug offense committed on occasions different from one another. Shepard appeals, and his counsel has moved to withdraw pursuant to Anders v. California, 386 U.S. 738 (1967), arguing that the sentence is unreasonable. Shepard raises multiple pro se arguments and has moved for appointment of new counsel. For the reasons discussed below, we affirm the judgment, grant counsel's motion to withdraw, and deny Shepard's motion for new counsel.

Shepard's pro se arguments, which we address seriatim, fail: (1) his ineffective-assistance claims are not properly before us in this direct criminal appeal, see United States v. Ramirez-Hernandez, 449 F.3d 824, 827 (8th Cir. 2006); (2) we do not address his challenge to the presentence report's recommendation of a 4-level enhancement for possessing a firearm in connection with another felony offense, because his offense level instead was calculated based on his ACC status under section 924(e) and U.S.S.G. § 4B1.4(a), and thus the 4-level enhancement had no effect on his advisory Guidelines sentencing range, see United States v. Moore, 108 F.3d 878, 880 n.2 (8th Cir. 1997); (3) Shepard's Kansas conviction for involuntary manslaughter is a violent felony for purposes of sections 924(e) and 4B1.4, see 18 U.S.C. § 924(e)(2)(B) (defining "violent felony"); Kan. Stat. Ann. § 21-3404 (defining involuntary manslaughter); U.S.S.G. § 4B1.2, app. n.1 (declaring manslaughter is a "crime of violence"); United States v. Williams, 537 F.3d 969, 971 (8th Cir. 2008) (stating court has never...

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