United States v. Jones
Opinion of the Court
ORDER
Christopher Jones pleaded guilty to making a bomb threat against a federal building. 18 U.S.C. § 844(e). Jones filed a notice of appeal, but his counsel seeks to withdraw under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), because he considers all possible grounds for appeal frivolous. We notified Jones of counsel’s motion and he has filed a response. After reviewing counsel’s Anders brief and Jones’s response, we conclude that the proposed issues are indeed frivolous. Accordingly, we grant counsel’s motion to withdraw and dismiss the appeal.
Counsel first considers whether Jones could challenge his guilty plea. Jones also suggests this issue in his response, contending that his trial counsel
Counsel next evaluates whether Jones could challenge his sentence. As counsel further notes, however, in the plea agreement Jones “knowingly and voluntarily waive[d] his right to appeal his sentence.” Because Jones’s guilty plea was knowing and voluntary, the waiver would bar appellate review of his sentence. United States v. Wenger, 58 F.3d 280, 282 (7th Cir. 1995). We therefore agree with counsel that any challenge to Jones’s sentence would be frivolous.
Counsel’s motion to withdraw is GRANTED and the appeal is DISMISSED. Jones’s motion for appointment of new counsel is DENIED as moot.
Reference
- Full Case Name
- United States v. Christopher JONES
- Status
- Published