Young

MEMORANDUM **

The United States appeals the sentence imposed on Matthew D. Young (“Young”) following his guilty plea to possession of cocaine with intent to distribute in violation of 21 U.S.C. § 841 (a)(1). The government argues that the district court erred by granting a downward departure based on “extraordinary family circumstances” because Young’s circumstances were not sufficiently extraordinary to warrant departure. We agree; we vacate the sentence and remand for resentencing.

The district court departed downward four levels on the ground of Young’s “extraordinary family circumstances,” arising from Young’s mother’s physical and emotional ills, her need for a caretaker, and Young’s historical role as his mother’s caregiver. The Sentencing Guidelines state that “[f]amily ties and responsibilities are not ordinarily relevant in determining whether a departure may be warranted.” U.S.S.G. § 5H1.6. Although the Guidelines discourage departures based on family circumstances, they do not forbid them. See United States v. Leon, 341 F.3d 928, 931 (9th Cir.2003); United States v. Aguirre, 214 F.3d 1122, 1127 (9th Cir.2000). This case, therefore, turns on whether Young’s family…