United States v. Christopher D. Samaniego

95 F.3d 1160 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Christopher D. SAMANIEGO, Defendant-Appellant. No. 95-30260. United States Court of Appeals, Ninth Circuit. Submitted Aug. 11, 1996. * Decided Aug. 19, 1996. Before: BROWNING, SCHROEDER and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Christopher Samaniego appeals his sentence imposed following entry of a guilty plea to possession of cocaine with intent to distribute, in violation of 21 U.S.C. § 841 (a)(1), (b)(1)(B), and using and carrying a firearm, in violation of 18 U.S.C. § 924 (c). Samaniego contends that the district court erred by ruling that his sentence be served consecutive to a prior unrelated state sentence. Because the district court's decision was a discretionary refusal to depart downward under the guidelines, we dismiss the appeal. 3 "Under the Sentencing Guidelines, if a defendant commits an offense while serving an undischarged term of…