Atondo-Santos

MEMORANDUM **

Luis Alberto Atondo-Santos was indicted for possession with intent to distribute of 117 pounds of cocaine in violation of Title 21, United States Code, Section 841 (a)(1), and for importation of 117 pounds of cocaine in violation of Title 21, United States Code, Section 952 (a). Atondo-Santos entered a guilty plea to both counts, and the district court sentenced him to 66 months in prison. The United States appeals the sentence, assigning error to the district court’s decision to depart downward for aberrant behavior. The district coxxrt did not specify how many levels it departed downward. However, according to the Presentence Report, Atondo-Santos had a total offense level of 31 and criminal history category of one, a *36 combination for which the Federal Sentencing Guidelines provide a sentencing range of 108 to 135 months.

A district court’s decision to depart from the Federal Sentencing Guidelines is reviewed for abuse of discretion. See United States v. Sablan, 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 ...…