Paul

MEMORANDUM *

Appellant Jonathan Christopher Mark Paul challenges his 51-month sentence as unreasonable. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

The district court properly calculated the guideline range, and its decision to impose a twelve-level upward departure — despite its finding that the terrorism enhancement in United States Sentencing Guidelines (“U.S.S.G”) § 3A1.4 (2000) did not apply — was not an abuse of discretion. 1 Even assuming the district court erred in its first attempt to calculate the guideline range, Paul has no basis to challenge that calculation on appeal. That is not the reasoning the district court employed when imposing his sentence now before us following a second round of sentencing, and Paul concedes the district court’s second advisory guideline calculation was technically correct.

Where, as here, a district court frames its analysis in terms of a downward or upward departure, we treat the so-called departure as an exercise of its discretion to sentence a defendant outside the applicable advisory guidelines range and review the sentence only for reasonableness. United States v. Mohamed, 459 F.3d 979, 987 (9th Cir.2006). The…