United States of America v. Shawn Scott Rasmussen

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
SHAWN SCOTT RASMUSSEN,
Defendant-Appellant.
No. 18-10250
D.C. No. 2:17-cr-00244-JJT-1
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
John J. Tuchi, District Judge, Presiding
Submitted November 18, 2019**
Before: CANBY, TASHIMA, and CHRISTEN, Circuit Judges.
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 (1967), Rasmussen’s counsel has filed a brief stating
* 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
NOV 22 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 18-10250
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
(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.
DISMISSED.

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