NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS FEB 21 2019

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 18-30159

Plaintiff-Appellee, D.C. No. 2:17-cr-00018-DLC v.

MEMORANDUM* SHANE MICHAEL COURTNEY,

Defendant-Appellant.

Appeal from the United States District Court

for the District of Montana

Dana L. Christensen, Chief Judge, Presiding

Submitted February 19, 2019** Before: FERNANDEZ, SILVERMAN, and WATFORD, Circuit Judges.

Shane Michael Courtney appeals from the district court’s judgment and challenges his guilty-plea conviction and 66-month sentence for possession of child pornography, in violation of 18 U.S.C. § 2252A(a)(5)(B), (b)(2). Pursuant to Anders v. California, 386 U.S. 738 (1967), Courtney’s counsel has filed a brief

*

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

**

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. We have provided Courtney the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed.

Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80 (1988), discloses no arguable grounds for relief as to Courtney’s conviction. We accordingly affirm Courtney’s conviction.

Courtney waived the right to appeal his sentence. Because the record discloses no arguable issue as to the validity of the sentencing waiver, we dismiss Courtney’s appeal as to his sentence. See United States v. Watson, 582 F.3d 974, 986-88 (9th Cir. 2009).

Counsel’s motion to withdraw is GRANTED.

AFFIRMED in part; DISMISSED in part.

2 18-30159