United States v. Andrew Woock-Shelton

• Court: Court of Appeals for the Eighth Circuit
• Decided: March 11, 2026
• Docket: 25-2302
• Status: Unpublished

Opinion

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Submitted: March 4, 2026 Filed: March 11, 2026 [Unpublished] ____________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

1 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(standard of review); see also United States v. Conley, No. 21-2094, 2022 WL 2979771, at *1-3 (8th Cir. July 28, 2022) (unpublished per curiam) (affirming application of cross-reference to Guidelines provision for attempted second-degree murder; noting case law showing that shooting at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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