Case Explained: United States of America v. Monique Merrival

Court: United States Court of Appeals for the Eighth Circuit

Filed: 2026-07-15

The eighth-circuit dismissed Monique Merrival’s appeal of her criminal sentence because she had knowingly and voluntarily waived her right to appeal non-jurisdictional issues as part of a plea agreement. The court applied the standard that appellate waivers are enforceable unless the appeal falls outside the waiver’s scope, the waiver was not entered into knowingly and voluntarily, or enforcement would result in a miscarriage of justice. Although Merrival argued that the district court’s sentence constituted an “upward departure” or “upward variance” from a properly calculated guideline range due to alleged errors in applying USSG § 2D1.1(b)(12) and § 3B1.1(a), the court held that these terms refer specifically to sentences imposed above the calculated advisory range, whereas the district court had varied downward from its own calculation. Consequently, her claims regarding guideline calculations and substantive reasonableness fell within the scope of her waiver, which preserved appeal rights only for upward departures or variances. The court further determined that enforcing the waiver would not result in a miscarriage of justice, noting that standard errors in applying sentencing law do not undermine the integrity of the justice system to the extent required to override a valid waiver. As a result, the appeal was dismissed without reaching the merits of Merrival’s sentencing arguments.

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