June 12, 2026·25-1590·Panel Decision·By James Taylor
The Eighth Circuit granted counsel's motion to withdraw and dismissed the appeal in a child pornography case. The court found the defendant's appeal waiver enforceable and identified no non-frivolous issues outside its scope.
Fabio Sanchez appealed his sentence after pleading guilty to a child pornography offense under a plea agreement containing an appeal waiver. His counsel moved to withdraw and filed an Anders brief challenging the sentence and a supervised release condition.
The court’s reasoning
The court concluded the appeal waiver was enforceable and applied to the issues raised. After independently reviewing the record under Penson v. Ohio, the court found no non-frivolous issues for appeal falling outside the scope of the waiver.
What it means going forward
The dismissal prevents appellate review of the sentence and supervised release conditions based on the enforceable appeal waiver.
