Spears

MEMORANDUM ***

Kevin Delonor Spears appeals the sentence imposed following his guilty plea conviction for importation of marijuana, in violation of 21 U.S.C. §§ 952 and 960.

The Presentence Report calculated a United States Sentencing Guidelines range of 12 and a Criminal History Category of *218 IV. The Presentence Report concluded that Spears’ case warranted a sentence of 27 months. In his sentencing memorandum, Spears requested a 15-month sentence and the government recommended a range of 15 to 21 months.

The district court initially found a base offense level of 16, but reduced the level a total of six points because Spears played only a minor role in the offense, accepted responsibility, and accepted a “fast track” Plea. The district court stated that a reasonable sentence required an upward departure of four levels because of aggravating circumstances, such as Spears’ arrest three days prior to the instant offense for alien smuggling, his decision to seek out a recruiter in order to commit the instant offense, and the fact that Spears was subject to two outstanding arrest warrants. The district court also concluded that Spears represented a threat to society. The district…