U.S. Court of Appeals for the Eighth Circuit, 2025

United States v. Hannah Felling

United States v. Hannah Felling
U.S. Court of Appeals for the Eighth Circuit · Decided July 7, 2025

United States v. Hannah Felling

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________ No. 25-1347 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Hannah Felling lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the District of South Dakota - Southern ____________ Submitted: July 1, 2025 Filed: July 7, 2025 [Unpublished] ____________ Before SHEPHERD, ERICKSON, and GRASZ, Circuit Judges. ____________ PER CURIAM.

Hannah Felling appeals the sentence the district court1 imposed after she pled guilty to a drug conspiracy offense pursuant to a written plea agreement containing The Honorable Karen E. Schreier, United States District Judge for the District of South Dakota. an appeal waiver. Her counsel has moved to withdraw and has filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the application of a Guidelines enhancement and arguing that the appeal waiver is not enforceable.

Upon careful review, we conclude the appeal waiver is valid, enforceable, and applicable to the issues raised in this appeal. See United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010) (reviewing de novo validity and applicability of appeal waiver); United States v. Andis, 333 F.3d 886, 889-92 (8th Cir. 2003) (en banc) (enforcing appeal waiver if appeal falls within scope of waiver, defendant knowingly and voluntarily entered into plea agreement and waiver, and enforcing waiver would not result in miscarriage of justice).

Further, having independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), we find no non-frivolous issues for appeal outside the scope of the appeal waiver. Accordingly, we grant counsel’s motion to withdraw and dismiss the appeal based on the appeal waiver. ______________________________

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