Normand

MEMORANDUM **

Following a remand for resentencing, Kenneth Lee Normand appeals his 235-month sentence for two counts of attempted manufacture of methamphetamine, in violation of 21 U.S.C. § 841 (a)(1); physical interference with a search, in violation of 18 U.S.C. § 2232 (a); and witness-tampering, in violation of 18 U.S.C. § 1512 (b). We have jurisdiction pursuant to 18 U.S.C. § 3742 and 28 U.S.C. § 1291 , 1 and we vacate and remand for resentencing.

Normand contends that the district court erred by finding that it lacked the authority to depart downward based on post-sentencing rehabilitation. Because Normand did not object in the district court, we review for plain error. See United States v. Castillo-Casiano, 198 F.3d 787, 789 (9th Cir.1999), as amended, 204 F.3d 1257 (9th Cir.2000).

At the time of resentencing, United States Sentencing Guidelines § 5K2.19 (2000) precluded departures based on post-sentencing rehabilitation. This was a change from the prior Guidelines as construed by United States v. Green, 152 F.3d 1202, 1207 (9th Cir.1998) *681 (per curiam), which applied at the time of Normand’s offense and initial sentencing. To avoid an ex post facto violation at…