July 8, 2026·25-1380·Panel Decision·By James Taylor
The Eighth Circuit dismissed an appeal filed by a defendant who pleaded guilty and signed an appeal waiver. The court granted counsel leave to withdraw after finding no non-frivolous issues outside the waiver's scope.
Jesus Morales-Garcia appealed after pleading guilty to drug and immigration offenses pursuant to a written plea agreement containing an appeal waiver. His counsel filed a brief under Anders v. California challenging the sentence.
The court’s reasoning
The court concluded the appeal waiver is valid, enforceable, and applicable to the issues before us. Upon independent review under Penson v. Ohio, the court found no non-frivolous issues for appeal falling outside the scope of the appeal waiver.
What it means going forward
The dismissal prevents further appellate review of the sentence, and counsel is permitted to withdraw from representation.
