June 16, 2026·25-3003·Panel Decision·By James Taylor
The Eighth Circuit dismissed an appeal by a defendant convicted of a child pornography offense based on a valid plea agreement waiver. The court found no non-frivolous issues outside the scope of the waiver after an independent review of the record.
Steven Luepker pleaded guilty to a child pornography offense pursuant to a plea agreement containing an appeal waiver. He appealed the sentence and a condition of supervised release prohibiting computer possession. His counsel moved 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 appeal waiver is valid, enforceable, and applicable to the issues raised. The court independently reviewed the record under Penson v. Ohio and found no non-frivolous issues for appeal falling outside the scope of the waiver.
What it means going forward
The dismissal bars the defendant from appealing the sentence or supervised release conditions covered by the waiver, effectively ending the appellate process on those grounds.
