United States of America v. Shane Michael Courtney

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
SHANE MICHAEL COURTNEY,
Defendant-Appellant.
No. 18-30159
D.C. No. 2:17-cr-00018-DLC
MEMORANDUM*
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).
FILED
FEB 21 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 18-30159
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.

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