United States v. Leyva-Franco

MEMORANDUM**

The government again appeals the district court’s four-level departure for aberrant behavior in sentencing Oscar Guadalupe Leyva-Franco. See United States v. Leyva-Franco, 311 F.3d 1194 (9th Cir. 2002). We must reverse and remand again for resentencing, as the court failed to make the threshold finding required by U.S.S.G. § 5K2.20 (2002) that this is an “extraordinary case.”

At the outset, the parties disagree about whether our review is de novo pursuant to § 401(d)(2) of the Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003 (PROTECT…