United States v. Clayton Reynolds

United States Court of Appeals For the Eighth Circuit ___________________________ No. 25-3426 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Clayton Reynolds lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the District of Nebraska - Omaha ____________ Submitted: July 27, 2026 Filed: July 30, 2026 [Unpublished] ____________ Before ERICKSON, GRASZ, and STRAS, Circuit Judges. ____________ PER CURIAM.

Clayton Reynolds appeals the sentence imposed by the district court1 after he pled guilty to drug and firearm offenses, pursuant to a written plea agreement containing an appeal waiver. His counsel has moved for leave 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 enforceable, and applicable to the issue raised in this appeal. See United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010) (standard of review); United States v. Andis, 333 F.3d 886, 889- (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); Hunter v. United States, 146 S. Ct. 1702, 1713 (2026) (defining the “high bar” litigants must meet to set aside an appeal waiver for miscarriage of justice). We have also independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), and have found 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. ______________________________