United States of America v. Esteban E. Manale

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 24-3091
___________________________
United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Esteban E. Manale
lllllllllllllllllllllDefendant - Appellant
____________
Appeal from United States District Court
for the Western District of Missouri
____________
Submitted: June 12, 2025
Filed: June 17, 2025
[Unpublished]
____________
Before SHEPHERD, ERICKSON, and GRASZ, Circuit Judges.
____________
PER CURIAM.
Esteban Manale appeals the below-Guidelines sentence the district court1
imposed after he pled guilty to three counts of distributing child sexual abuse material
1The Honorable Beth Phillips, Chief Judge, United States District Court for the
Western District of Missouri.

-- 1 of 2 --

pursuant to a written plea agreement with 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 political nature of the Guidelines and the substantive
reasonableness of the sentence.
Upon careful review, we conclude that the appeal waiver is valid, applicable,
and enforceable, and that Manale’s challenges to his sentence fall within the waiver.
See United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010) (reviewing de novo the
validity and applicability of an appeal waiver). The record reflects that Manale
entered into the plea agreement and appeal waiver knowingly and voluntarily, and
enforcing the waiver will not result in a miscarriage of justice. See United States v.
Andis, 333 F.3d 886, 889–92 (8th Cir. 2003) (en banc) (discussing the enforceability
of appeal waivers). We have 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 this appeal
based on the appeal waiver.
______________________________
-2-

-- 2 of 2 --