Atondo-Santos
United States v. Atondo-Santos
Opinion
Lead Opinion
MEMORANDUM **
On November 30, 2000, Defendant Luis Alberto Antondo-Santos pled guilty to a two-count indictment for possession with intent to distribute 117 pounds of cocaine and importation of the same amount. Although the U.S. Sentencing Guidelines recommended a range of 108-135 months, the district court sentenced the defendant to 66 months after departing downward for aberrant behavior. Because the dis *743 trict court did not provide an adequate explanation for its downward departure, we remanded with specific instructions to articulate the reasons why the defendant’s criminal conduct constituted aberrant behavior, especially in light of the defendant’s admission of prior drug smuggling and dealing. See United States v. Atondo-Santos, 41 Fed.Appx. 35 , 2002 WL 1417580 (9th Cir.2002) (unpublished disposition).
Upon remand, the district court once again imposed a sentence of 66 months, but this time cited “minimal role,” see U.S.S.G. § 3B1.2(a) and “Koon,” see United States v. Thompson, 315 F.3d 1071, 1072 (9th Cir.2002), as its grounds for downward departure. The government has filed a second appeal; we reverse and remand for the second time.