United States of America v. Severo De La Torre-Sanchez

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 25-3533
___________________________
United States of America
Plaintiff - Appellee
v.
Severo De La Torre-Sanchez
Defendant - Appellant
____________
Appeal from United States District Court
for the Western District of Missouri - Kansas City
____________
Submitted: May 26, 2026
Filed: May 29, 2026
[Unpublished]
____________
Before BENTON, GRASZ, and STRAS, Circuit Judges.
____________
PER CURIAM.
Severo De La Torre-Sanchez received a 42-month sentence after he pleaded
guilty to unlawfully reentering the United States after having been convicted of an
aggravated felony and deported. See 8 U.S.C. § 1326(a), (b)(2). An Anders brief

-- 1 of 2 --

-2-
suggests the district court1 imposed a substantively unreasonable sentence. See
Anders v. California, 386 U.S. 738 (1967). In a pro se filing, De La Torre-Sanchez
also argues the sentence is too long.
Upon careful review, we conclude that an enforceable appeal waiver covers
both sets of arguments. See United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010)
(reviewing the validity of an appeal waiver de novo); United States v. Andis, 333
F.3d 886, 889–92 (8th Cir. 2003) (en banc) (explaining that an appeal waiver will
be enforced if the appeal falls within its scope, the defendant knowingly and
voluntarily entered into the plea agreement and the waiver, and enforcing the waiver
would not result in a miscarriage of justice). We have also independently reviewed
the record and conclude that no other non-frivolous issues exist. See Penson v. Ohio,
488 U.S. 75, 82–83 (1988). We accordingly dismiss the appeal and grant counsel
permission to withdraw.
______________________________
1 The Honorable Brian C. Wimes, Chief Judge, United States District Court
for the Western District of Missouri.

-- 2 of 2 --