Background
Malik Jordan Pratt pleaded guilty in the Southern District of Iowa to possessing a firearm as a felon. His plea agreement included a waiver of his right to appeal.
Pratt nevertheless appealed his sentence. His attorney moved to withdraw and filed a brief under Anders v. California asserting that the sentence imposed by U.S. District Judge Stephen H. Locher was substantively unreasonable.
The Court’s Holding
The Eighth Circuit held that Pratt’s appeal waiver was enforceable and covered the substantive-reasonableness challenge raised on appeal. The court applied its established requirements that the appeal fall within the waiver’s scope, that the defendant entered the plea agreement and waiver knowingly and voluntarily, and that enforcement not produce a miscarriage of justice.
After independently reviewing the record under Penson v. Ohio, the court found no nonfrivolous appellate issues outside the waiver’s scope. It therefore granted counsel’s motion to withdraw and dismissed the appeal.
Key Takeaways
- A knowing and voluntary appeal waiver generally forecloses a challenge that falls within its scope.
- The miscarriage-of-justice exception presents a high bar reserved for extreme cases.
- The court’s independent record review identified no nonfrivolous issue outside Pratt’s waiver.
Why It Matters
The decision reinforces that defendants who agree to broad appellate waivers ordinarily cannot obtain merits review of covered sentencing challenges. Even in an Anders appeal, the court will enforce a valid waiver after checking the record for nonfrivolous issues that remain appealable.