United States v. Daniel Jay Ostin

103 F.3d 143 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Daniel Jay OSTIN, Defendant-Appellant. No. 95-30379. United States Court of Appeals, Ninth Circuit. Submitted Nov. 4, 1996. * Decided Nov. 6, 1996. Appeal from the United States District Court for the Eastern District of Washington, No. CR-95-00194-1-RHW; Robert H. Whaley, District Judge, Presiding. E.D.Wash. REMANDED. Before: WRIGHT, BRUNETTI and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM ** 2 Ostin appeals the district court's refusal to depart downward from the applicable guideline range. Because we are unable to determine from the record whether the court exercised its discretion or concluded that it lacked discretion, we remand for clarification. ANALYSIS: 3 Ostin alleged that his mental and emotional condition removed this case from the "heartland" represented by the applicable guideline range. A court may depart from the guidelines if "there exists an…