Malcolm

*544 MEMORANDUM *

Christine Marie Malcolm was indicted for possession with intent to distribute approximately 325 pounds of marijuana in violation of 18 U.S.C. §§ 841 (a)(1) and (b)(1)(B). Malcolm entered a guilty plea to the charge, and the district court sentenced her to twelve months and one day of imprisonment, followed by 60 months of supervised released. The United States appeals the sentence. The government assigns error to the district court’s decision to make downward departures in Malcolm’s sentence for aberrant behavior and diminished capacity.

A district court’s decision to depart from the Federal Sentencing Guidelines is reviewed for abuse of discretion. See United States v. Sabian, 114 F.3d 913, 916 (9th Cir.1997) (en banc) (citing Koon v. United States, 518 U.S. 81, 98-100 , 116 S.Ct. 2035 , 135 L.Ed.2d 392 (1996)). “A district court’s decision to depart from the Guidelines ... will in most cases be due substantial deference, for it embodies the traditional exercise of discretion by a sentencing court.” Koon, 518 U.S. at 98 , 116 S.Ct. 2035 (citation omitted). “That a departure decision, in an occasional case, may call for a legal determination does not mean, as a…