United States of America v. Justina Lynn Costa, also known as Justina Snow

United States Court of Appeals
For the Eighth Circuit
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No. 24-2126
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Justina Lynn Costa, also known as Justina Snow
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the District of South Dakota - Central
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Submitted: December 23, 2024
Filed: December 30, 2024
[Unpublished]
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Before LOKEN, SHEPHERD, and STRAS, Circuit Judges.
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PER CURIAM.
Justina Costa appeals the district court’s1 denial of her motion to suppress
evidence after she pleaded guilty to a drug offense pursuant to a plea agreement
1The Honorable Roberto Lange, Chief Judge, United States District Court for
the District of South Dakota.

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containing an appeal waiver. Her counsel has moved to withdraw and has filed a
brief under Anders v. California, 386 U.S. 738 (1967).
Upon careful review, we conclude that Ms. Costa’s valid and unconditional
guilty plea foreclosed any challenge to the denial of the suppression motion, a non-
jurisdictional issue. See United States v. Limley, 510 F.3d 825, 827 (8th Cir. 2007).
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 we dismiss
the appeal.
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