USA V. RYAN TATSEY, No. 16-30257 (9th Cir. 2017)
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FILED NOT FOR PUBLICATION DEC 20 2017 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, U.S. COURT OF APPEALS No. 16-30257 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
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