Gasca

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NOT FOR PUBLICATION MAR 09 2010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,…