Full Opinion

United States Court of Appeals For the Eighth Circuit ___________________________ No. 26-2048 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Gaspar Medina Acosta lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the Western District of Missouri - Kansas City ____________ Submitted: October 20, 2026 Filed: October 23, 2026 [Unpublished] ____________ Before L.R. SMITH, BENTON, and TRAYNOR, Circuit Judges. ____________ PER CURIAM. Gaspar Acosta appeals the sentence imposed by the district court1 after he pled guilty to a drug offense pursuant to a plea agreement containing an appeal waiver. 1 The Honorable Brian C. Wimes, Chief Judge, United States District Court for the Western District of Missouri. His counsel has moved for leave to withdraw and has filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the application of a sentencing enhancement, the denial of several sentencing reductions, and the substantive reasonableness of the sentence. Upon careful review, we conclude that the appeal waiver is valid, enforceable, and applicable to the issues raised. See United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010) (validity and applicability of appeal waiver is reviewed de novo); 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). No miscarriage of justice will result from enforcing the waiver. See Hunter v. United States, 608 U.S. 713, 726-28 (2026) (miscarriage-of-justice exception is “high bar” reserved for “extreme cases”). Having independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), we find no nonfrivolous issues outside the scope of the appeal waiver. Accordingly, we grant counsel’s motion to withdraw and dismiss the appeal. ______________________________ -2-