In Re: Sealed Case

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

In sentencing Defendant for one count of distributing crack cocaine, the district court departed from the applicable Guidelines range based on “the totality of circumstances reflecting the atypicality of this defendant.” The Government appeals. Because several factors considered by the district court, including the disparity between Guidelines sentences for crack and powder cocaine, may not be considered, we vacate the sentence and remand for resen-tencing.

I

Undercover United. States Park Police arrested Defendant after…