United States v. Racion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS FEB 29 2024 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 23-431 D.C. No. Plaintiff - Appellee, 1:20-cr-00020-JLT-SKO-1 v. MEMORANDUM* RAMONCHITO RACION, AKA Ramonchito Onia Racion, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of California Jennifer L. Thurston, District Judge, Presiding Submitted February 21, 2024** Before: FERNANDEZ, NGUYEN, and OWENS, Circuit Judges. 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 * 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). 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. 2 23-431