Ochoa

MEMORANDUM **

Raul Tovar Ochoa (“Ochoa”) appeals from the judgment and sentence of 24 months imposed by the district court following Ochoa’s conviction by plea of guilty to one count of importation of a controlled substance (marijuana) in violation of 21 *137 U.S.C. §§ 952 and 960. We have jurisdiction, 18 U.S.C. § 3742 and 28 U.S.C. § 1291 , and affirm.

The district court’s interpretation and application of the United States Sentencing Guidelines are reviewed de novo. United States v. Castillo, 181 F.3d 1129, 1134-35 (9th Cir.1999). Factual findings underlying sentencing are reviewed for clear error. United States v. Barnes, 125 F.3d 1287, 1290 (9th Cir.1997).

Ochoa argues that his plea was not voluntary and intelligent because the district court did not advise him that it would not apply a two-level fast track departure pursuant to U.S. Sentencing Guideline § 5K2.0 (2001). Ochoa additionally asserts that the district court erred by categorically refusing to consider a two-level fast track departure, and by only departing downward one level instead of two. These arguments lack merit.

The record establishes that, contrary to Ochoa’s assertions, the district court applied §…