FILED NOT FOR PUBLICATION MAR 31 2010 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS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, No. 09-10080 Plaintiff - Appellee, D.C. No. 1:08-cr-00017-2-ARM v. MEMORANDUM * MASAIOSHY DAIKICHI SALLEM, Defendant - Appellant.

Appeal from the United States District Court for the District of the Northern Mariana Islands Alex R. Munson, District Judge, Presiding Submitted March 16, 2010 ** Before: SCHROEDER, PREGERSON, and RAWLINSON, Circuit Judges.

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 * 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 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 (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 (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.

DAT/Research 2 09-10080