United States v. Emil Michael Soleiman

996 F.2d 1229 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Emil Michael SOLEIMAN, Defendant-Appellant. No. 92-50668. United States Court of Appeals, Ninth Circuit. Submitted June 8, 1993. * Decided June 17, 1993. Before: CANBY, FERNANDEZ, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Emil Michael Soleiman appeals his 48-month sentence imposed under the Sentencing Guidelines following entry of a guilty plea to use of a communication facility in the distribution of cocaine in violation of 21 U.S.C. § 843 (b). Soleiman contends that the case must be remanded because the record is unclear as to whether the district court exercised its discretion when declining to depart downward. Soleiman also contends that the district court erred by imposing 400 hours of community service. We have jurisdiction under 28 U.S.C. § 1291 , and we dismiss in part and vacate and remand in part. 3 * Failure to Depart Downward 4…