Castro-Hurtado

MEMORANDUM **

The United States appeals the district court’s sentence imposed on four defen *108 dants. We review a district court’s decision to depart for an abuse of discretion. Koon v. United States, 518 U.S. 81, 99 , 116 S.Ct. 2035 , 135 L.Ed.2d 392 (1996). We review a district court’s factual findings at sentencing for clear error. United States v. Green, 105 F.3d 1321, 1322 (9th Cir. 1997). But we review a district court’s interpretation and application of the Sentencing Guidelines de novo. United States v. Daas, 198 F.3d 1167, 1180 (9th Cir. 1999).

Section 5K2.20 of the Sentencing Guidelines permits a deduction if the defendant’s conduct was based on “aberrant behavior.” Note 1 of § 5K2.20 defines aberrant behavior as “a single criminal occurrence or single criminal transaction that (A) was committed without significant planning; (B) was of limited duration; and (C) represents a marked deviation by the defendant from an otherwise law-abiding life.”

The district court’s conclusion that the defendants did not engage in significant planning is supported by the record. There is no evidence that the defendants planned the operation, placed the cocaine on the boat, owned the…