United States v. Jermaine Rhodes

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Court for the Eastern District of Missouri - St. Louis ____________ Submitted: October 3, 2025 Filed: October 14, 2025 [Unpublished] ____________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 court imposed after he pleaded guilty to a drug offense pursuant to a written plea 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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