United States of America v. Jesus Morales-Garcia, also known as Don Jesus

United States Court of Appeals
For the Eighth Circuit
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No. 25-1380
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Jesus Morales-Garcia, also known as Don Jesus
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Western District of Missouri - Kansas City
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Submitted: July 2, 2026
Filed: July 8, 2026
[Unpublished]
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Before LAVENSKI R. SMITH, GRUENDER, and GRASZ, Circuit Judges.
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PER CURIAM.
Jesus Morales-Garcia appeals after pleading guilty to drug and immigration
offenses, pursuant to a written plea agreement containing an appeal waiver, and being

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sentenced by the district court.1 His counsel has filed a brief under Anders v.
California, 386 U.S. 738 (1967), challenging Morales-Garcia’s sentence.
Upon careful review, we conclude the appeal waiver is valid, enforceable, and
applicable to the issues before us. 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 grant counsel leave to withdraw and
dismiss the appeal.
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1The Honorable Beth Phillips, then Chief Judge, now United States District
Judge for the Western District of Missouri.
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