United States of America, Plaintiff-appellee, v. Mohammad Ausmani, Defendant-appellant, 51 F.3d 282 (9th Cir. 1995)

MEMORANDUM^** 

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. §§ 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.

This contention lacks merit. There is nothing in the record that indicates that the district court understood that it lacked the authority to depart downward on the grounds requested. Moreover, the record is clear that the district court believed that departure was not warranted in Ausmani's case. In such circumstances, we lack jurisdiction. See United States v. Eaton, 31 F.3d 789, 792-794 (9th Cir. 1994).

DISMISSED.