UNITED STATES of America, Plaintiff-Appellee, v. Shawn Scott RASMUSSEN, Defendant-Appellant.
Decided: November 22, 2019
Before: CANBY, TASHIMA, and CHRISTEN, Circuit Judges.
Krissa Marie Lanham, USPX - Office of the US Attorney, Phoenix, AZ, for Plaintiff-Appellee Shawn Scott Rasmussen, Pro Se
Shawn Scott Rasmussen appeals from the district court’s judgment and challenges his guilty-plea conviction and 76-month sentence for possession of child pornography, in violation of 18 U.S.C. § 2252(a)(4)(B). Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Rasmussen’s counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. We have provided Rasmussen the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed.
Rasmussen waived his right to appeal his conviction and sentence. Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), discloses no arguable issue as to the validity of the waiver. See United States v. Watson, 582 F.3d 974, 986-88 (9th Cir. 2009). We accordingly dismiss the appeal. See id. at 988.
Counsel’s motion to withdraw is GRANTED.
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