United States v. Octavio Huerta-Medina
CourtCourt of Appeals for the Eighth Circuit
Date FiledNovember 13, 2026
Docket26-2080
StatusUnpublished
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Full Opinion
United States Court of Appeals
For the Eighth Circuit
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No. 26-2080
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Octavio Huerta-Medina
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Western District of Missouri - Kansas City
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Submitted: November 9, 2026
Filed: November 13, 2026
[Unpublished]
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Before KELLY, BENTON, and ERICKSON, Circuit Judges.
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PER CURIAM.
Octavio Huerta-Medina appeals the above-Guidelines-range sentence the
district court1 imposed after he pleaded guilty to a firearm offense pursuant to a
1
The Honorable David Gregory Kays, United States District Judge for the
Western District of Missouri.
written plea 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 reasonableness of the sentence.
Upon careful review, we conclude the appeal waiver is valid, enforceable, and
applicable to the arguments 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)
(enforcing appeal waiver 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). Further, 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 counselโs motion to withdraw and dismiss this appeal.
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