United States of America v. Melvin Nakatsukasa Basa

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously finds this case suitable for decision without**
oral argument. See Fed. R. App. P. 34(a)(2).
SR/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MELVIN NAKATSUKASA BASA,
Defendant - Appellant.
No. 08-10273
D.C. No. 1:99-cr-00050-ARM
MEMORANDUM *
Appeal from the United States District Court
for the District of the Northern Mariana Islands
Alex R. Munson, Chief District Judge, Presiding
Submitted November 17, 2009**
Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges.
Melvin Nakatsukasa Basa appeals from his sentence of 7 months in prison
and 53 months supervised release imposed upon revocation of supervised release.
Pursuant to Anders v. California, 386 U.S. 738 (1967), Basa’s counsel has filed a
FILED
DEC 14 2009
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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SR/Research 08-10273 2
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.
We deny the government’s motion to dismiss for failure to prosecute.
Counsel’s motion to withdraw is GRANTED, and the district court’s
judgment is AFFIRMED.

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