United States v. Luis Alberto Atondo-Santos

In April of 2001 Alberto Atondo-Santos pleaded guilty to one count of possession with intent to distribute 117 pounds of cocaine in violation of 21 U.S.C. § 841 (a)(1), and to one count of importation of cocaine in violation of 21 U.S.C. § 952 (a). As calculated in the Presentence Report, the U.S. Sentencing Guidelines recommend a sentence in the range of 108-135 months for this offense, based on a total offense level of 31 and a criminal history category of one.

The district court first sentenced Aton-do-Santos in July 2001 to a sentence of 66 months in prison, departing downward from the Guidelines range on a finding of aberrant behavior. The United States appealed and we reversed and remanded. United States v. Atondo-Santos, 41 Fed. Appx. 35 (9th Cir.2002) (unpublished disposition). The district court failed to articulate its reasons for the departure as required by United States v. Working, 224 F.3d 1093, 1102 (9th Cir.2000) (en banc).

Upon remand, the district court imposed the identical sentence of 66 months, this time basing its downward departure on “minimal role,” as set forth in U.S.S.G. § 3B1.2(a), and on Koon v. United States, 518 U.S. 81 , 116 S.Ct. 2035 , 135…