June 2, 2026·25-2836·Panel Decision·By James Taylor
The Eighth Circuit dismissed an appeal filed by a defendant challenging his sentence after his counsel filed an Anders brief. The court found the defendant's appeal waiver valid and enforceable, concluding there were no non-frivolous issues to pursue.
Background
Chad Demonn Walker appealed a below-Guidelines sentence imposed after he pleaded guilty to drug offenses. His counsel moved to withdraw and filed a brief under Anders v. California, while Walker filed pro se motions and a brief challenging a dismissed count of the indictment.
The court’s reasoning
The court concluded that the appeal waiver was valid, enforceable, and applicable to the issues raised. Upon independent review of the record under Penson v. Ohio, the court found no non-frivolous issues for appeal outside the scope of the waiver.
What it means going forward
The dismissal prevents further appellate review of the sentence, and the appeal waiver bars challenges to issues covered by the plea agreement.
