United States v. Robin Lee

MEMORANDUM

Robin Lee appeals from the district court’s judgment and challenges the order of restitution, conviction, and 105-month sentence for conspiracy to participate in the affairs of an enterprise through a pattern of racketeering activity, in violation of 18 U.S.C. § 1962 (d). Pursuant to Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967), Lee’s counsel has filed a brief stating that there are no grounds for relief, along with, a motion to withdraw as counsel of record. Lee has filed a pro se supplemental brief, and the appellee has filed an answering brief.

Lee waived his right to appeal his conviction. He also waived the right to appeal his sentence, with the exception of his right to challenge the amount of restitution. Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80 , 109 S.Ct. 346 , 102 L.Ed.2d 300 (1988), discloses no arguable grounds for relief on direct appeal as to the amount of restitution ordered by the district court. See 18 U.S.C. § 3663 (a)(3); United States v. Napier, 463 F.3d 1040, 1046 (9th Cir.2006). We therefore affirm as to that issue. We dismiss the remainder of the appeal in light of the valid…