NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS DEC 20 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 16-30257
Plaintiff-Appellee, D.C. No. 4:16-cr-00016-BMM
v.
MEMORANDUM*
RYAN JASON TATSEY,
Defendant-Appellant.
Appeal from the United States District Court
for the District of Montana
Brian M. Morris, District Judge, Presiding
Submitted December 18, 2017**
Before: WALLACE, SILVERMAN, and BYBEE, Circuit Judges.
Ryan Jason Tatsey appeals from the district court’s judgment and challenges
his guilty-plea convictions and 88-month concurrent sentences for conspiracy to
possess with intent to distribute methamphetamine, in violation of 21 U.S.C. § 846,
and money laundering, in violation of 18 U.S.C. § 1956(a)(1)(A)(i). Pursuant to
*
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).
Anders v. California, 386 U.S. 738 (1967), Tatsey’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 Tatsey the opportunity to file a pro se
supplemental brief. No pro se supplemental brief or answering brief has been
filed.
Our independent review of the record pursuant to Penson v. Ohio, 488 U.S.
75, 80 (1988), discloses no arguable grounds for relief as to Tatsey’s conviction.
We accordingly affirm Tatsey’s conviction.
Tatsey waived the right to appeal his sentence. Because the record
discloses no arguable issue as to the validity of the sentencing waiver, we dismiss
Tatsey’s appeal as to his sentence. See United States v. Watson, 582 F.3d 974,
986-88 (9th Cir. 2009).
We remand the case to the district court with instructions to correct the
judgment to reflect the correct statute of conviction for the money laundering
offense: 18 U.S.C. § 1956(a)(1)(A)(i).
Counsel’s motion to withdraw is GRANTED.
AFFIRMED in part; DISMISSED in part; REMANDED to correct the
judgment.
2 16-30257