United States v. McLean

• Court: Court of Appeals for the Ninth Circuit
• Decided: December 2, 2024
• Docket: 24-3431
• Status: Unpublished

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS DEC 2 2024 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 24-3431 D.C. No. Plaintiff - Appellee, 2:21-cr-00024-TOR-1 v. MEMORANDUM* KEVIN PATRICK MCLEAN,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Washington Thomas O. Rice, District Judge, Presiding

Submitted November 20, 2024**

Before: CANBY, TALLMAN, and CLIFTON, Circuit Judges.

Kevin Patrick McLean appeals from the district court’s judgment and

challenges his guilty-plea conviction and 60-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), McLean’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. McLean has filed a letter, which we treat as a pro se

supplemental brief. No answering brief has been filed.

McLean 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.

We decline to address on direct appeal McLean’s pro se claims of

ineffective assistance of counsel. See United States v. Rahman, 642 F.3d 1257,

1259-60 (9th Cir. 2011) (ineffective assistance of counsel claims are generally not

considered on direct appeal). McLean’s request for appointment of new counsel is

denied.

Counsel’s motion to withdraw is GRANTED.

DISMISSED.

2 24-3431