United States of America v. Charles Cane Merrival, also known as Charles Merrival

United States Court of Appeals
For the Eighth Circuit
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No. 24-3488
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Charles Cane Merrival, also known as Charles Merrival
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the District of South Dakota
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Submitted: June 30, 2025
Filed: July 3, 2025
[Unpublished]
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Before SHEPHERD, ERICKSON, and GRASZ, Circuit Judges.
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PER CURIAM.
Charles Merrival appeals the sentence imposed by the district court1 after he
pled guilty to a drug offense pursuant to a written plea agreement containing an
1The Honorable Karen E. Schreier, United States District Judge for the District
of South Dakota.

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appeal waiver. His counsel has moved for leave to withdraw, and has filed a brief
under Anders v. California, 386 U.S. 738 (1967).
Upon careful review, we conclude that the appeal waiver is valid, applicable,
and enforceable. 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 appeal waiver if
appeal falls within scope of waiver, defendant knowingly and voluntarily entered into
plea agreement and 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 dismiss the appeal based on the appeal waiver
and grant counsel’s motion to withdraw.
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