Wilson

MEMORANDUM **

The Government challenges a four-level downward departure granted to Trimarca Dairia Wilson in his sentence for conviction of cocaine base distribution. The Government contends that the district court relied upon impermissible factors in making its downward departure. We hold that the district court failed to adequately explain the basis for its departure decision and, given its discussion of several impermissible factors, remand is required.

DISCUSSION

A district court’s decision to depart from the Guidelines is reviewed under the abuse of discretion standard. See Koon v. United States, 518 U.S. 81, 99 , 116 S.Ct. 2035 , 135 L.Ed.2d 392 (1996); United States v. Williams, 291 F.3d 1180, 1191 (9th Cir.2002) (per curiam). In Koon , the Supreme Court held that certain prohibited factors, such as race, may never support a departure from the sentencing guidelines, but made clear that a district court may depart based on any other factors encouraged by the guidelines or where “certain aspects of the case [are] unusual enough for it to fall outside the heartland of cases in the Guideline.” Koon, 518 U.S. at 98 . A sentencing court must “explain the reasoning for both the…