United States v. Francisco Alvarez-Pineda

EBEL, Circuit Judge.

When sentencing Defendant Appellee Francisco Alvarez-Pineda (“Alvarez”) for various drug charges related to his being a “backpacker,” 1 the district court departed downward under United States Sentencing Guideline § 5K2.0 on the ground that Alvarez’s conduct was “aberrant behavior.” 2 The Government appeals the departure, arguing that the district court abused its discretion by departing without a sufficient basis in law or fact. We agree with the Government, and thus we REVERSE and REMAND for re-sentencing consistent with this opinion at such time as Alvarez’s presence is…