United States v. Andrew Woock-Shelton

United States Court of Appeals For the Eighth Circuit ___________________________ No. 25-2302 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Andrew Kenneth Woock-Shelton lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the Southern District of Iowa - Central ____________ Submitted: March 4, 2026 Filed: March 11, 2026 [Unpublished] ____________ Before LOKEN, SMITH, and GRASZ, Circuit Judges. ____________ PER CURIAM.

Andrew Woock-Shelton appeals the sentence the district court1 imposed after he pled guilty to being a felon in possession of a firearm. His counsel has moved for The Honorable Rebecca Goodgame Ebinger, United States District Judge for the Southern District of Iowa. leave to withdraw and has filed a brief under Anders v. California, 386 U.S. 738 (1967), arguing the district court erred in applying a cross-reference to the Guidelines provision for attempted murder.

Having reviewed the record, we conclude the district court did not err in calculating the Guidelines range using the cross-reference. See United States v. Tunley, 664 F.3d 1260, 1261-62 (8th Cir. 2012) (standard of review); see also United States v. Conley, No. 21-2094, 2022 WL 2979771, at *1-3 (8th Cir. July 28, 2022) (unpublished per curiam) (affirming application of cross-reference to Guidelines provision for attempted second-degree murder; noting case law showing that shooting at group of people demonstrates specific intent to kill). Further, we have reviewed the record independently under Penson v. Ohio, 488 U.S. 75 (1988), and have found no non-frivolous issues for appeal.

Accordingly, we grant counsel’s motion to withdraw, and affirm. ______________________________

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