July 7, 2026·25-3507·Panel Decision·By James Taylor
The Eighth Circuit granted counsel's motion to withdraw and dismissed the appeal in this criminal case. The court found the defendant's appeal waiver valid and enforceable, concluding there were no non-frivolous issues to review.
Deanthony Ramey appealed his sentence following a guilty plea to drug and firearm offenses under a written plea agreement containing an appeal waiver. His counsel moved to withdraw and filed a brief under Anders v. California challenging a Guidelines enhancement.
The court’s reasoning
The court concluded the appeal waiver was valid, enforceable, and applicable to the issues raised. After independently reviewing 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 counsel is relieved of representation duties.
