United States v. Kyle Shephard

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAY 10 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 21-50194

Plaintiff-Appellee, D.C. No. 3:18-cr-05574-BAS-1 v.

KYLE ANTHONY SHEPHARD, MEMORANDUM*

Defendant-Appellant.

Appeal from the United States District Court for the Southern District of California Cynthia A. Bashant, District Judge, Presiding

Argued and Submitted April 8, 2024 Pasadena, California

Before: BERZON and MENDOZA, Circuit Judges, and BOLTON,** District Judge. Concurrence by Judge MENDOZA.

Kyle Shephard appeals the district court’s denial of his motion to suppress

the evidence seized during a search of his hotel room. He contends that the district

court erred in determining that he voluntarily consented to the search.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Susan R. Bolton, United States District Judge for the District of Arizona, sitting by designation. We review the district…