United States of America v. Jim Lee Shepherd

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JIM LEE SHEPHERD,
Defendant - Appellant.
No. 11-50308
D.C. No. 2:10-cr-00697-JHN
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Jacqueline H. Nguyen, District Judge, Presiding
Submitted December 19, 2012**
Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.
Jim Lee Shepherd appeals from the district court’s judgment and challenges
his guilty-plea conviction and five-year probation sentence for theft of government
property, in violation of 18 U.S.C. § 641. Pursuant to Anders v. California, 386
FILED
JAN 02 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-50308 2
U.S. 738 (1967), Shepherd’s counsel has filed a brief stating that there are no
grounds for relief, along with a motion to withdraw as counsel of record. We have
provided Shepherd the opportunity to file a pro se supplemental brief. No pro se
supplemental brief or answering brief has been filed.
Shepherd waived his right to appeal his conviction, with the exception of an
appeal based on a claim that his plea was involuntary. He also waived the right to
appeal many aspects of his sentence. Our independent review of the record
pursuant to Penson v. Ohio, 488 U.S. 75, 80 (1988), discloses no arguable grounds
for relief as to Shepherd’s plea or the aspects of the sentence not covered by the
appeal waiver. We therefore affirm as to those issues. We dismiss the remainder
of the appeal in light of the valid appeal waiver. See United States v. Watson, 582
F.3d 974, 988 (9th Cir. 2009).
Counsel’s motion to withdraw is GRANTED.
AFFIRMED in part; DISMISSED in part.

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