April 28, 2026·25-2308·Panel Decision·By James Taylor
The Eighth Circuit affirmed the sentence imposed on Melvin Navarro Morgan for drug and firearm offenses. The court granted counsel leave to withdraw after finding no non-frivolous issues for appeal.
Background
Melvin Morgan appealed his sentence following a bench trial conviction for drug and firearm offenses. His counsel requested leave to withdraw and filed a brief under Anders v. California, arguing the sentence was substantively unreasonable. Morgan also filed a motion for the appointment of new counsel.
The court’s reasoning
The court concluded that the district court did not impose a substantively unreasonable sentence. Upon independent review of the record 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 case, and the motion for new counsel is denied.
