Asuncion

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS FEB 26 2026

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 23-539 D.C. No. Plaintiff - Appellee, 1:17-cr-02015-EFS-1 v.

MEMORANDUM*

JOHNNY ANDRES ASUNCION III,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Washington Edward F. Shea, District Judge, Presiding

Submitted May 10, 2024** Submission Deferred June 3, 2024 Submitted February 24, 2026 Seattle, Washington

Before: MURGUIA, Chief Judge, and W. FLETCHER and OWENS, Circuit Judges.

Johnny Andres Asuncion III appeals from a resentencing for his conviction

for possession with intent to distribute methamphetamine in violation of 21 U.S.C.

* 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). § 841(a)(1), (b)(1)(A)(viii). He challenges the district court’s use of and refusal to

vacate two…