Matwyuk

MEMORANDUM **

Adam Daniel Matwyuk appeals the 60-month sentence imposed following his guilty-plea conviction for importation of marijuana in violation of 21 U.S.C. §§ 952 *170 and 960. We have jurisdiction pursuant to 18 U.S.C. § 3742 , and we vacate and remand.

Matwyuk contends that the district court erred by failing to adequately state its reasons for imposing a sentence at the top of the guideline range as required by 18 U.S.C. § 3553 (c)(1). We disagree. “Section 3553(c)(1) only requires the court to state its reasons for imposing a sentence at a particular point within the applicable range if that range exceeds 24 months.” United States v. Martinez-Gonzalez, 962 F.2d 874, 879 (9th Cir.1992) (emphasis added). Because Matwyuk was sentenced under a guideline range that spanned only 12 months, the district court did not err. See id.

Matwyuk also contends that the district court erred by faffing to consider a two-level downward departure for his “fast-track” plea under U.S.S.G. § 5K2.0. We review de novo a district court’s determination that it lacked discretion to depart from the Sentencing Guidelines. See United States v. Rodriguez-Lopez, 198 F.3d 773, 775 (9th Cir.1999).…