FILED
NOT FOR PUBLICATION
AUG 18 2017
UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 16-30242
Plaintiff-Appellee, D.C. No.
3:15-cr-00266-BLW-1
v.
JAMES DALE PRESSNALL, MEMORANDUM*
Defendant-Appellant.
Appeal from the United States District Court
for the District of Idaho
B. Lynn Winmill, Chief Judge, Presiding
Submitted August 16, 2017**
Before: HUG, FARRIS, and CANBY, Circuit Judges.
James Dale Presnall appeals from the district court’s judgment and
challenges his guilty-plea conviction and 63-month sentence for possession of
sexually explicit images of minors, in violation of 18 U.S.C. §§ 2252(a)(4)(B).
*
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).
Pursuant to Anders v. California, 386 U.S. 738 (1967), Pressnall’s 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 Pressnall the opportunity to file
a pro se supplemental brief. No pro se supplemental brief or answering brief has
been filed.
Pressnall has waived the right to appeal his sentence. Because the record
discloses no arguable issue as to the validity of the appeal waiver, we dismiss the
appeal. See United States v. Watson, 582 F.3d 974, 986-88 (9th Cir. 2009).
Counsel’s motion to withdraw is GRANTED.
DISMISSED.
2