United States v. Catalusci

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS FEB 20 2026 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 25-5096 D.C. No. Plaintiff - Appellee, 2:24-cr-00034-DWM-1 v. MEMORANDUM* ANTHONY ROBERT CATALUSCI, Defendant - Appellant. Appeal from the United States District Court for the District of Montana Donald W. Molloy, District Judge, Presiding Submitted February 18, 2026** Before: CALLAHAN, FRIEDLAND, and BRESS, Circuit Judges. Anthony Robert Catalusci appeals from the district court’s judgment and challenges his guilty-plea conviction and 63-month sentence for possession with intent to distribute methamphetamine in violation of 21 U.S.C. § 841(a)(1). Catalusci’s counsel filed a brief under Anders v. California, 386 U.S. 738 * 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). (1967), stating that there are no non-frivolous arguments for appeal. Catalusci has not filed a pro se supplemental brief. In the plea agreement, Catalusci waived his right to appeal the conviction and sentence. Our independent review of the record, see Penson v. Ohio, 488 U.S. 75, 80 (1988), discloses no non-frivolous issue as to whether the appeal waiver is enforceable. See United States v. Watson, 582 F.3d 974, 986-88 (9th Cir. 2009). We therefore dismiss the appeal. See id. at 988. Counsel’s motion to withdraw is granted. DISMISSED. 2 25-5096