June 12, 2026·25-3042·Panel Decision·By James Taylor
The Eighth Circuit granted counsel leave to withdraw and affirmed the sentence in a criminal appeal involving a firearm offense. The court found no substantive unreasonableness in the sentence and no non-frivolous issues for appeal.
Shane Hyde appealed his sentence after pleading guilty to a firearm offense. His counsel moved to withdraw and filed a brief under Anders v. California challenging the substantive reasonableness of the sentence and the sufficiency of the allocution time.
The court’s reasoning
The court concluded the district court did not impose a substantively unreasonable sentence. It found Hyde failed to present information about what he would have said during allocution that might have changed the outcome. Upon independent review under Penson v. Ohio, the court found no non-frivolous issues for appeal.
What it means going forward
Counsel is permitted to withdraw from the representation, and the original sentence stands affirmed.
