United States v. Gasca

370 F. App'x 807

Opinion

FILED NOT FOR PUBLICATION MAR 09 2010

MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, Nos. 06-50686 & 06-50688

Plaintiff - Appellee, D.C. No. CR-03-00419-DDP CR-05-00359-DDP v. MEMORANDUM * JOHNNY RAY GASCA; et al.,

Defendants - Appellants.

Appeal from the United States District Court for the Central District of California Dean D. Pregerson, District Judge, Presiding

Submitted February 16, 2010 **

Before: FERNANDEZ, GOULD, and M. SMITH, Circuit Judges.

In these consolidated appeals, Johnny Ray Gasca appeals from his jury-trial

convictions and 84-month sentence imposed for escape from custody in violation

of 18 U.S.C. § 751(a); falsely representing a social security number in violation of

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

DAT/Research 42 U.S.C. § 408(a)(7)(B); interstate communication of a threat, in violation of

18 U.S.C. § 875(d); witness retaliation, in violation of 17 U.S.C. § 506(a)(1) and

18 U.S.C. § 2319(b)(3); and criminal infringement of a copyright

17 U.S.C. § 506(a)(1) and 18 U.S.C. § 2319(b)(3).

Pursuant to Anders v. California, 386 U.S. 738 (1967), Gasca’s counsel has

filed a brief stating there are no grounds for relief, along with a motion to withdraw

as counsel of record. We have provided the appellant with 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, 80-81 (1988), discloses no arguable grounds for relief on direct appeal.

Accordingly, counsel’s motion to withdraw is GRANTED, and the district

court’s judgment is AFFIRMED.

DAT/Research 2 06-50686