Medina-Hernandez

ORDER AND MEMORANDUM *

After oral argument in this appeal, we withdrew this case from submission and ordered supplemental briefing to address the effect on this case of our recent decision in United States v. Ruiz, 241 F.3d 1157 (9th Cir.2001). That briefing has been completed, and this case is ordered resubmitted for decision contemporaneously with the filing of this memorandum.

Ruiz controls this case, and requires that we vacate the sentence of Medina-Hernandez and remand for further proceedings. 1 Medina-Hernandez challenges the district court’s refusal to grant a downward departure under U.S. Sentencing Guidelines Manual § 5K2.0 based on the prosecutor’s having attached an unconstitutional condition to the offered plea bargain. That condition required waiver of rights to certain impeachment and affirmative-defense information to which Medina-Hernandez was entitled under Brady v. Maryland, 373 U.S. 83 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963), and its progeny. We may review the refusal to depart to ensure that it “was not guided by erroneous legal conclusions.” United States v. Davis, 264 F.3d 813, 815 (9th Cir.2001) (quoting Koon v. United States, 518 U.S. 81, 100 , 116 S.Ct.…