United States v. Juan Humberto Tzoc-Sierra

CANBY, Circuit Judge:

The United States appeals the sentence imposed on Juan Humberto Tzoc-Sierra following his guilty plea to conspiracy to possess cocaine with intent to distribute, in violation of 21 U.S.C. § 841(a)(1). The government argues that the district court erred by granting a downward departure based in part on factors forbidden by the United States Sentencing Guidelines (“U.S.S.G.”). Applying the new standard of review mandated by the “PROTECT” Act, 1 18 U.S.C. § 3742, we conclude that the downward departure was justified by the disparity between Tzoc-Sierra’s sentence and that of…