Opinion
No. 09-10080.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed March 31, 2010.
Beverly R. McCallum, Esquire, Assistant U.S. Office of the U.S. Attorney, Saipan, MP, for Plaintiff-Appellee.
Steven Payne Pixley, Esquire, Tan Holdings Corporation, Legal Department, Saipan, MP, Masaioshy Daikichi Sallem, Big Spring, TX, for Defendant-Appellant.
Appeal from the United States District Court for the District of the Northern Mariana Islands, Alex R. Munson, District Judge, Presiding. D.C. No. 1:08-cr-00017-2-ARM.
Before: SCHROEDER, PREGERSON, and RAWLINSON, Circuit Judges.
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Masaioshy Daikichi Sallem appeals from his jury-trial conviction and 21-month sentence for conspiracy to sell government property, in violation of 18 U.S.C. §§ 371 641, and unauthorized sale of government property, in violation of 18 U.S.C. § 641. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Sallem's counsel has filed a brief stating there are no grounds for relief, along with a motion to withdraw as counsel of record. We have provided the appellant with 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, 80-81, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), discloses no arguable grounds for relief on direct appeal.
Accordingly, counsel's motion to withdraw is GRANTED, and the district court's judgment is AFFIRMED.