Stoner

MEMORANDUM *

The United States appeals from the district court’s decision to grant Shawn Man-uia Stoner a twenty-level downward departure. We have jurisdiction pursuant to 18 U.S.C. § 3231 and 28 U.S.C. § 1291 . For the following reasons, we reverse the district court and remand for resentencing.

Our review of a district court’s factual findings in sentencing is for clear error, see, e.g., United States v. Williams, 291 *748 F.3d 1180, 1196 (9th Cir.2001), and we review the district court’s application of the guidelines to the facts for abuse of discretion. United States v. Koon, 518 U.S. 81, 97 , 116 S.Ct. 2035 , 135 L.Ed.2d 392 (1996); United States v. Alexander, 287 F.3d 811, 818 (9th Cir.2002).

The district court granted Stoner’s motion for a departure based on his extraordinary rehabilitation, exceptional acceptance of responsibility, extreme vulnerability to abuse in prison, and the conclusion that the offense conduct was aberrant behavior. Against these factors the court considered the defendant’s low risk of recidivism and the fact that little harm had been done to the victim.

As a threshold matter, we are satisfied that the district court did not impermissibly weigh…