Dodge

MEMORANDUM *

Zachariah Dodge became intoxicated on an aircraft en route to Hawaii and caused a disturbance involving several crew members. 1 Dodge pleaded guilty to interfering with a flight attendant, 49 U.S.C. § 46504 . 2 The presentence report (“PSR”) calculated a base offense level of 7 and a criminal history category of V. The PSR also stated that there were no aggravating or mitigating factors.

The government filed a motion for upward departure based on Dodge’s prior history and on three victim related factors. The district court rejected the victim related factors as reasons for upward departure, but adjusted the sentence upwards based on a number of other factors includ *714 ing the finding that Dodge “endangered every person aboard that aircraft.” The court sentenced Dodge to 70 months in prison and three years supervised release. Dodge challenges this sentence on appeal, and we vacate the sentence.

We review sentences for reasonableness. United States v. Booker, 543 U.S. 220, 260-61 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005). However, “after Booker we continue to review the district court’s interpretation of the Sentencing Guidelines de novo, the district court’s…