United States of America v. Jermaine Rhodes

United States Court of Appeals
For the Eighth Circuit
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No. 25-1658
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Jermaine Rhodes
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Eastern District of Missouri - St. Louis
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Submitted: October 3, 2025
Filed: October 14, 2025
[Unpublished]
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Before SMITH, KELLY, and KOBES, Circuit Judges.
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PER CURIAM.
Jermaine Rhodes appeals the within-Guidelines-range sentence the district
court1 imposed after he pleaded guilty to a drug offense pursuant to a written plea
1The Honorable John A. Ross, United States District Judge for the Eastern
District of Missouri.

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agreement containing an appeal waiver. His counsel has moved 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 valid, enforceable, and
applicable to the issues raised in this appeal. See United States v. Scott, 627 F.3d
702, 704 (8th Cir. 2010) (reviewing de novo validity and applicability of appeal
waiver); 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).
Having independently reviewed the record under Penson v. Ohio, 488 U.S. 75
(1988), we find 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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