Mojica

MEMORANDUM *

The Government appeals Defendant-Appellee Jose Arroyo Mojica’s sentence. We have jurisdiction pursuant to 18 U.S.C. § 3742 (b) and 28 U.S.C. § 1291 , and vacate Mojica’s sentence and remand to the district court for resentencing. Because the parties are familiar with the factual and procedural history, we do not repeat it here except to the extent necessary for our disposition.

I.

The Government argues first that the district court erred in granting a four-level downward departure for cultural assimilation and a two-level downward departure purportedly for a combination of other factors. Prior to United States v. Booker, — U.S.-, 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005), the Sentencing Guidelines were mandatory and downward departures were reviewed de novo. 18 U.S.C. §§ 3553 (b)(1), 3742(e) (2004). In Booker, however, the Supreme Court rendered the Sentencing Guidelines advisory and held the appropriate standard of review to be review for “unreasonable[ness],” but nevertheless held that in sentencing defendants district courts must “take account” of the Sentencing Guidelines along with certain other enumerated factors. Booker, — U.S. at---, 125 S.Ct. at 764-765 . We…