Opinion
23-431
02-29-2024
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. RAMONCHITO RACION, AKA Ramonchito Onia Racion, Defendant-Appellant.
NOT FOR PUBLICATION
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Appeal from the United States District Court for the Eastern District of California D.C. No. 1:20-cr-00020-JLT-SKO-1 Jennifer L. Thurston, District Judge, Presiding
Before: FERNANDEZ, NGUYEN, and OWENS, Circuit Judges.
MEMORANDUM
Ramonchito Racion appeals from the district court's judgment and challenges his jury-trial conviction and 85-month sentence for attempted sexual abuse, in violation of 18 U.S.C. § 2242(2)(B), and abusive sexual contact, in violation of 18 U.S.C. § 2244(b). Pursuant to Anders v. California, 386 U.S. 738 (1967), Racion'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 Racion 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 on direct appeal. Counsel's motion to withdraw is GRANTED.
AFFIRMED.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).