Atkinson

MEMORANDUM **

Defendant Anthony Craig Atkinson, Jr., entered into a plea agreement with the government relating to two separate armed bank robberies that Defendant committed between April and July 2004. The district court refused to accept Defendant’s guilty plea with regard to one of the robberies and dismissed the information charging him with that crime. The court accepted Defendant’s guilty plea for the second robbery but imposed a sentence far below the applicable range under the United States Sentencing Guidelines. We review de novo the district court’s dismissal of the information on due process grounds. United States v. Barrera-Moreno, 951 F.2d 1089, 1091 (9th Cir.1991). We review the district court’s sentencing decision for “reasonableness.” United States v. Booker, 543 U.S. 220, 261-62 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005). We reverse and remand.

1. In relation to the first bank robbery, the district court dismissed on due process grounds an information filed by the government charging Defendant with armed robbery of the Wells Fargo Bank in Rancho Cucamonga, California, in violation of 18 U.S.C. § 2113 (a), (d). The court dismissed the information despite the fact…