United States of America v. John Jerrod Jones

United States Court of Appeals
For the Eighth Circuit
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No. 23-2405
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
John Jerrod Jones
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the District of Minnesota
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Submitted: January 30, 2024
Filed: February 2, 2024
[Unpublished]
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Before LOKEN, COLLOTON, and GRASZ, Circuit Judges.
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PER CURIAM.
John Jones appeals the district court’s1 judgment of conviction after he pleaded
guilty to possessing an unregistered firearm pursuant to a plea agreement that
1The Honorable Eric C. Tostrud, United States District Judge for the District
of Minnesota.

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includes an appeal waiver. His counsel has moved to withdraw, and has filed a brief
under Anders v. California, 386 U.S. 738 (1967), challenging the voluntariness of the
guilty plea based on ineffective assistance of counsel.
Upon careful review, we conclude that Jones is precluded from challenging the
voluntariness of his guilty plea in this appeal because he did not move to withdraw
his plea below. See United States v. Umanzor, 617 F.3d 1053, 1060 (8th Cir. 2010).
We also conclude that the ineffective-assistance claim is not ripe for review because
the record is undeveloped. See United States v. Oliver, 950 F.3d 556, 566 (8th Cir.
2020).
We have also independently reviewed the record under Penson v. Ohio, 488
U.S. 75 (1988), and have found no non-frivolous issues for appeal outside the scope
of the appeal waiver. Accordingly, we grant counsel’s motion to withdraw, and we
dismiss the appeal.
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