United States v. McLean

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NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS DEC 2 2024 MOLLY C. DWYER, CLERK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