NOT FOR PUBLICATION FILED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.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
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