Matwyuk

MEMORANDUM **

Adam Daniel Matwyuk appeals from the 60-month sentence imposed following his guilty plea to importation of marijuana in violation of 21 U.S.C. §§ 952 and 960. The district court imposed this sentence on remand from this court after this court held that the district court erred in concluding that it lacked the legal authority to grant a downward departure under U.S.S.G. *672 § 5K2.0 based on Matwyuk’s “fast-track” plea. We have jurisdiction under 28 U.S.C. § 1291 .

Matwyuk contends that the district court erred by failing to adequately state its reasons for imposing his sentence under 18 U.S.C. § 3553 (c)(1). We are precluded from considering these contentions under the law of the case doctrine. See United States v. Smith, 389 F.3d 944, 948 (9th Cir.2004).

Matwyuk contends the district court erred by failing to impose a two-level downward departure for his “fast-track” plea under U.S.S.G. § 5K2.0. “We may review a decision not to depart only where it was based on a mistaken belief that the court had no authority to depart.” United States v. Estrada-Plata, 57 F.3d 757, 761-62 (9th Cir.1995). The record demonstrates that on remand from this court, “the district court…