United States of America v. Johnny Ray Gasca;

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
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JOHNNY RAY GASCA; et al.,
Defendants - Appellants.
Nos. 06-50686 & 06-50688
D.C. No. CR-03-00419-DDP
CR-05-00359-DDP
MEMORANDUM *
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
FILED
MAR 09 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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DAT/Research 06-50686 2
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.

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