United States v. Mohammad Ausmani

51 F.3d 282 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Mohammad AUSMANI, Defendant-Appellant. No. 93-10076. United States Court of Appeals, Ninth Circuit. Submitted March 21, 1995. * Decided March 29, 1995. Appeal from the United States District Court, for the District of Hawaii, D.C. No. CR-92-01164-HMF; Harold M. Fong, Chief Judge, Presiding. Before: SNEED, POOLE, and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 Mohammad Ausmani appeals his sentence under the Sentencing Guidelines imposed following his guilty plea to importing heroin into the United States, in violation of 21 U.S.C. Secs. 952 (a) and 960(b)(3). Ausmani contends that the case should be remanded for resentencing because the record is unclear as to whether the district court understood that it had the authority to depart downward on the grounds requested: namely, that Ausmani's role in the offense was that of a mere mule. 3 This contention lacks merit.…