February 13, 2026·25-2589·Panel Decision·By James Taylor
The Eighth Circuit affirmed a below-Guidelines sentence imposed on a defendant convicted of a drug offense. The court granted counsel leave to withdraw after finding no non-frivolous issues for appeal.
Devontae Naylor-Foy appealed a below-Guidelines sentence imposed after he pleaded guilty to a drug offense. His counsel moved for leave to withdraw and filed a brief under Anders v. California challenging the substantive reasonableness of the sentence.
The court’s reasoning
The court concluded that the district court did not impose a substantively unreasonable sentence. Upon independent review of the record pursuant to Penson v. Ohio, the court found no non-frivolous issues for appeal.
What it means going forward
The sentence stands, and appointed counsel is permitted to withdraw from the case.
