Case Explained: United States of America v. Xavier Murry

Court: United States Court of Appeals for the Eighth Circuit Filed: 2026-08-12 The eighth-circuit dismissed the defendant’s appeal because he failed to comply with the contemporaneous objection requirement specified in his plea agreement. The court held that the appeal waiver was enforceable because Murry knowingly and voluntarily entered the agreement, the substantive reasonableness challenge fell within the scope of the waiver, and enforcing the waiver would not result in a miscarriage of justice. Applying the standard established by *Hunter v. United States*, 146 S. Ct. 1702 (2026), the court determined that a sentence is only set aside due to a miscarriage of justice if it is marred by an egregious error so obvious that it would undermine public confidence in the judiciary. The court found no such error, noting the district court’s upward variance was based on the heinous nature of Murry’s prior criminal history involving violence against women. As a result, the appeal is dismissed and the 204-month sentence imposed by the district court stands. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.