United States of America v. Jaycob Tyler Kutzera

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
JAYCOB TYLER KUTZERA,
Defendant-Appellant.
No. 18-30144
D.C. No. 4:17-cr-00048-BMM
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Brian M. Morris, District Judge, Presiding
Submitted March 12, 2019**
Before: LEAVY, BEA, and N.R. SMITH, Circuit Judges.
Jaycob Tyler Kutzera appeals from the district court’s judgment and
challenges the 180-month sentence imposed following his guilty-plea conviction
for three counts of sexual exploitation of a child, in violation of 18 U.S.C.
§ 2251(a). Pursuant to Anders v. California, 386 U.S. 738 (1967), Kutzera’s
* 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).
FILED
MAR 19 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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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 Kutzera the
opportunity to file a pro se supplemental brief. No pro se supplemental brief or
answering brief has been filed.
Kutzera waived the right to appeal his sentence. Because the record
discloses no arguable issue as to the validity of the waiver, we dismiss Kutzera’s
appeal. See United States v. Watson, 582 F.3d 974, 986-88 (9th Cir. 2009).
Counsel’s motion to withdraw is GRANTED.
DISMISSED.

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