United States v. Arnaldo Torteya

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAR 23 2022

MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 21-10186

Plaintiff-Appellee, D.C. No.

2:17-cr-00306-JCM-VCF-5 v. ARNALDO SANCHEZ TORTEYA, AKA MEMORANDUM* Elroncoluna,

Defendant-Appellant.

Appeal from the United States District Court for the District of Nevada James C. Mahan, District Judge, Presiding Submitted March 16, 2022**

Before: SILVERMAN, MILLER, and BUMATAY, Circuit Judges.

Arnaldo Sanchez Torteya appeals from the district court’s judgment and challenges his guilty-plea conviction and 96-month sentence for racketeering conspiracy, in violation of 18 U.S.C. § 1962(d). Pursuant to Anders v. California, 386 U.S. 738 (1967), Sanchez Torteya’s counsel has filed a brief stating that there

*

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. are no grounds for relief, along with a motion to withdraw as counsel of record. We have provided Sanchez Torteya the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed.

Sanchez Torteya waived his right to appeal his conviction and sentence. The arguments Sanchez Torteya instructed counsel to include in the Anders brief are covered by the waiver, and 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.

2 21-10186