NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUN 5 2024 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 23-1978 D.C. No. 4:20-cr-06033-MKD-1 Plaintiff - Appellee,

v. MEMORANDUM* ALLEN RICHARD SMITH,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Washington Mary K. Dimke, District Judge, Presiding

Submitted May 29, 2024 **

Before: FRIEDLAND, BENNETT, and SANCHEZ, Circuit Judges.

Allen Richard Smith appeals from the district court’s judgment and

challenges his guilty-plea conviction and 25-year sentence for production of child

pornography, in violation of 18 U.S.C. § 2251(a), (e).

Smith’s counsel have filed a brief stating that there are no grounds for relief,

* 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). along with a motion to withdraw as counsel of record. We have provided Smith

the opportunity to file a pro se supplemental brief. No pro se supplemental brief or

answering brief has been filed.

Smith 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

(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.

The motion to withdraw as counsel is GRANTED.

DISMISSED.

2 23-1978