April 30, 2026·25-3314·Panel Decision·By James Taylor
The Eighth Circuit affirmed the sentence imposed on a defendant who pled guilty to drug and firearm offenses. The court granted counsel's motion to withdraw after finding no non-frivolous issues for appeal.
Txong Thor appealed his sentence following a guilty plea to a drug offense and possession of a firearm in furtherance of that offense. 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 the district court did not abuse its discretion in sentencing Thor. Upon independent review of the record under Penson v. Ohio, the court found no non-frivolous issues for appeal.
What it means going forward
The judgment of the district court is affirmed, and counsel is permitted to withdraw from the case.
