Background
Tjuan Thompson pleaded guilty to possessing a firearm as a felon under a plea agreement that included a waiver of his right to appeal. The U.S. District Court for the Eastern District of Missouri imposed a sentence within the advisory Sentencing Guidelines range.
Thompson appealed. His attorney moved to withdraw and filed an Anders brief addressing whether Thompson’s plea was voluntary and whether his sentence was reasonable.
The Court’s Holding
In an unpublished per curiam opinion, the Eighth Circuit dismissed the appeal. It concluded that the appeal waiver was valid and enforceable, that Thompson’s claims fell within its scope, and that enforcing it would not result in a miscarriage of justice.
The court also independently reviewed the record under Penson v. Ohio and found no nonfrivolous appellate issues outside the waiver’s scope. It granted counsel’s motion to withdraw.
Key Takeaways
- A knowing and voluntary appeal waiver generally bars claims that fall within its scope.
- The court found that Thompson’s challenges to his plea and sentence were covered by the waiver.
- Independent review revealed no nonfrivolous issue that remained appealable despite the waiver.
Why It Matters
The decision illustrates the Eighth Circuit’s continued enforcement of plea-agreement appeal waivers when the waiver covers the asserted claims, was entered knowingly and voluntarily, and causes no miscarriage of justice.
It also confirms that an Anders appeal involving a waiver still requires the appellate court to examine the record for potentially nonfrivolous issues outside the waiver’s reach.