United States Court of Appeals For the Eighth Circuit ___________________________

No. 25-1658 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Jermaine Rhodes

lllllllllllllllllllllDefendant - Appellant ____________

Appeal from United States District Court for the Eastern District of Missouri - St. Louis ____________

Submitted: October 3, 2025 Filed: October 14, 2025 [Unpublished] ____________

Before SMITH, KELLY, and KOBES, Circuit Judges. ____________

PER CURIAM.

Jermaine Rhodes appeals the within-Guidelines-range sentence the district 1 court imposed after he pleaded guilty to a drug offense pursuant to a written plea

1 The Honorable John A. Ross, United States District Judge for the Eastern District of Missouri. agreement containing an appeal waiver. His counsel has moved to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the substantive reasonableness of the sentence.

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) (appeal waiver will be enforced 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).

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. ______________________________

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