United States of America v. Clayton Reynolds

United States Court of Appeals
For the Eighth Circuit
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No. 25-3426
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Clayton Reynolds
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the District of Nebraska - Omaha
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Submitted: July 27, 2026
Filed: July 30, 2026
[Unpublished]
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Before ERICKSON, GRASZ, and STRAS, Circuit Judges.
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PER CURIAM.
Clayton Reynolds appeals the sentence imposed by the district court1 after he
pled guilty to drug and firearm offenses, pursuant to a written plea agreement
1The Honorable Robert F. Rossiter, Jr., then Chief Judge, now United States
District Judge for the District of Nebraska.

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containing an appeal waiver. His counsel has moved for leave 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 enforceable, and
applicable to the issue raised in this appeal. See United States v. Scott, 627 F.3d 702,
704 (8th Cir. 2010) (standard of review); 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); Hunter
v. United States, 146 S. Ct. 1702, 1713 (2026) (defining the “high bar” litigants must
meet to set aside an appeal waiver for 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 outside the scope of the appeal waiver.
Accordingly, we grant counsel’s motion to withdraw and dismiss the appeal.
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