United States of America v. Kamel Elburki

United States Court of Appeals
For the Eighth Circuit
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No. 25-3056
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Kamel Elburki
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 17, 2026
Filed: July 22, 2026
[Unpublished]
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Before GRUENDER, SHEPHERD, and JUSTIN D. SMITH, Circuit Judges.
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PER CURIAM.
Kamel Elburki appeals after he pleaded guilty, pursuant to a plea agreement
containing an appeal waiver, to drug and money laundering offenses. His counsel has
moved for leave to withdraw, and has filed a brief under Anders v. California, 386

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U.S. 738 (1967), arguing that the district court1 imposed a substantively unreasonable
sentence. Elburki has filed a pro se brief challenging the voluntariness of his plea.
We conclude that the appeal waiver is valid, enforceable, and applicable to
Elburki’s sentencing challenge. See United States v. Scott, 627 F.3d 702, 704 (8th
Cir. 2010) (validity and applicability of appeal waiver is reviewed de novo); United
States v. Andis, 333 F.3d 886, 889-92 (8th Cir. 2003) (en banc) (appeal waiver will
be enforced if appeal falls within scope of waiver, defendant knowingly and
voluntarily entered into plea agreement and waiver, and enforcing waiver would not
result in miscarriage of justice). To the extent Elburki wishes to withdraw his guilty
plea, he may not obtain that relief because he did not move to withdraw his plea
below. See United States v. Foy, 617 F.3d 1029, 1033-34 (8th Cir. 2010).
We have independently reviewed the record under Penson v. Ohio, 488 U.S.
75 (1988), and have found no non-frivolous issues outside the scope of the appeal
waiver. Accordingly, we grant counsel’s motion to withdraw, and dismiss this
appeal.
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1The Honorable Roseann A. Ketchmark, United States District Judge for the
Western District of Missouri.
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