United States of America v. Emily Nicole Yeary

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 25-1061
___________________________
United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Emily Nicole Yeary
lllllllllllllllllllllDefendant - Appellant
____________
Appeal from United States District Court
for the District of South Dakota
____________
Submitted: July 28, 2025
Filed: July 31, 2025
[Unpublished]
____________
Before LOKEN, GRUENDER, and GRASZ, Circuit Judges.
____________
PER CURIAM.
Emily Yeary appeals the sentence imposed by the district court1 after she pled
guilty to sex offenses, obstruction of justice, and witness tampering, pursuant to a
1The Honorable Karen E. Schreier, United States District Judge for the District
of South Dakota.

-- 1 of 2 --

written plea agreement containing 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 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 validity and applicability of appeal waiver de novo);
United States v. Andis, 333 F.3d 886, 889-92 (8th Cir. 2003) (en banc) (enforcing an
appeal waiver if the appeal falls within the scope of waiver, defendant knowingly and
voluntarily entered into the plea agreement and the waiver, and it would not result in
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 falling outside the scope of the appeal waiver. Accordingly, we grant
counsel’s motion to withdraw and dismiss the appeal.
______________________________
-2-

-- 2 of 2 --