Case Explained: United States of America v. Garnell August Carter

Court: United States Court of Appeals for the Eighth Circuit

Filed: 2026-07-10

The eighth-circuit affirmed the district court’s judgment in part and dismissed the remainder of Garnell Carter’s appeal. The court held that Carter’s plea agreement contained an enforceable appeal waiver covering challenges to the validity of the agreement, the calculation of his offense level and criminal history score, and the accounting of time served in state custody. Applying de novo review, the court found the waiver valid because it was entered into knowingly and voluntarily and did not result in a miscarriage of justice. Regarding arguments outside the scope of the waiver, the court determined that Carter’s challenge to his offense level was inconsistent with the text of the Sentencing Guidelines (U.S.S.G. §§ 2K2.1(a)(3)(B), 4B1.2(a)(2)) and that any claim regarding a reduction in his criminal history score required evidence of a qualifying expungement, noting that expunged convictions do not automatically preclude their inclusion in the score under *United States v. Phillips*. The court further ruled that Carter’s claim of ineffective assistance of counsel must be raised in a separate motion under 28 U.S.C. § 2255 rather than on direct appeal. Consequently, no relief was granted on the merits, and the appeal was dismissed as to all waived claims and those requiring collateral review.

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