July 7, 2026·25-2941·Panel Decision·By James Taylor
The Eighth Circuit dismissed an appeal filed by a defendant who had signed a plea agreement containing an appeal waiver. The court found the waiver enforceable and determined there were no non-frivolous issues to review outside its scope.
Jervonz Williams appealed his sentence after pleading guilty to attempted kidnapping, Hobbs Act robbery, and a firearm offense. His counsel moved to withdraw and filed a brief challenging a condition of supervised release and arguing the sentence was substantively unreasonable.
The court’s reasoning
The court concluded the appeal waiver was enforceable and applicable to the issues raised. Upon independent review 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
Defendants who sign plea agreements with appeal waivers may find their appeals dismissed if the challenged issues fall within the waiver’s scope, even if counsel identifies potential errors.
