Chavez

MEMORANDUM *

Appellant Alvarez Chavez argues that the district court erred in recalculating his sentence on remand from a prior unpublished decision of this court. See United States v. Chavez, No. 01-50274, 46 Fed. Appx. 502 , 2002 WL 31079584 (9th Cir. 2002) (Chavez I). As the parties are familiar with the facts, we relate them only as necessary to explain our decision.

In Chavez I, we remanded because the sentencing court erroneously found that it lacked authority to grant discretionary departures from the maximum sentence prescribed by United States Sentencing Guidelines Manual (U.S.S.G.) § 5G1.1(a) and § 5G1.2(d). We cited United States v. Rodriguez, 64 F.3d 638, 642 (11th Cir. 1995), for the proposition that the district court may grant departures from statutory *622 maximum sentences- Chavez now argues that by citing Rodriguez we embraced the proposition that wherever an acceptance-of-responsibility offense-level adjustment would be made to an ordinary Guidelines sentence under § 3E1.1, an equivalent modification must be made to the statutory maximum sentence prescribed under §§ 5G1.1 and 5G1.2. Based on that assertion, Chavez maintains that the district court defied our…