United States v. Michael Sylvan Berlant

5 F.3d 540 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Michael Sylvan Berlant, Defendant-Appellant. No. 91-50653. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 7, 1993. Decided Sept. 16, 1993. Appeal from the United States District Court, for the Southern District of California, D.C. No. CR-91-0454-E-01; William B. Enright, District Judge, Presiding. S.D.Cal. AFFIRMED AND REMANDED. Before: BROWNING, POOLE and NOONAN, Circuit Judges. 1 MEMORANDUM * 2 Michael Sylvan Berlant appeals his sentence under the United States Sentencing Guidelines, following his conviction on a guilty plea, for one count of providing and attempting to provide a kickback in violation of 41 U.S.C. Secs. 53 and 54 and 18 U.S.C. Sec. 2 . We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm, but remand for the district court to append the sentencing transcript to the presentence report (PSR). 3 We review the…