United States v. Ramirez

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS AUG 3 2026 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 25-2236 D.C. No. Plaintiff - Appellee, 4:23-cr-00073-JST-1 v. MEMORANDUM* JAVIER ANTONIO RAMIREZ, Defendant - Appellant.

Appeal from the United States District Court for the Northern District of California Jon S. Tigar, District Judge, Presiding Submitted July 29, 2026** Before: McKEOWN, TALLMAN, and MENDOZA, JR., Circuit Judges.

Javier Antonio Ramirez appeals from the district court’s judgment and challenges the guilty-plea conviction and concurrent 240-month and 216-month sentences for coercion and enticement of a minor and receipt of child pornography, respectively, in violation of 18 U.S.C. §§ 2422(b) and 2252(a)(2).

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

Ramirez’s counsel filed a brief under Anders v. California, 386 U.S. 738 (1967), stating that there are no non-frivolous arguments for appeal. Ramirez has not filed a pro se supplemental brief.

In the plea agreement, Ramirez waived the right to appeal the conviction and sentence. Our independent review of the record, see Penson v. Ohio, 488 U.S. 75, 80 (1988), discloses no non-frivolous issue as to whether the appeal waiver is enforceable, except as to the restitution order, for which no reasonably accurate estimate was provided in the plea agreement. See United States v. Tsosie, 639 F.3d 1213, 1217-18 (9th Cir. 2011). Because the record discloses no basis to challenge the restitution award, we affirm as to that issue. We otherwise dismiss in light of the valid appeal waiver. See United States v. Watson, 582 F.3d 974, 986-88 (9th Cir. 2009).

Counsel’s motion to withdraw is granted.

AFFIRMED in part; DISMISSED in part.

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