Godinez

MEMORANDUM *

The government appeals the district court’s decision to grant Fernando Godinez a three-level downward departure from the sentencing range otherwise prescribed by the Sentencing Guidelines after Godinez pled guilty to a single count of possessing child pornography. Because two of the factors cited by the district court to support that departure were inappropriate, we vacate the sentence and remand for resentencing.

The district court did not err in grounding a departure on the fact that Godinzez only involuntarily downloaded images and did not permanently save, store, organize, or print them. A district court may depart from the applicable guideline range if it “ ‘finds that there exists an aggravating or mitigating circumstance of a kind, or to a degree, not adequately taken into consideration by the [United States] Sentencing *896 Commission in formulating the guidelines that should result in a sentence different from that described.’” United States v. Stevens, 197 F.3d 1263, 1266 (9th Cir.1999) (quoting U.S.C. § 3553(b)(1)).

Godinez was sentenced under Sentencing Guideline § 2G2.4, which does not comment upon whether unintentionally downloading images — as…