United States v. Lopez-Labastida

MEMORANDUM**

The United States appeals the sentence imposed on Salvador Lopez-Labastida following his guilty plea to being an alien present in the United States after deportation in violation of 8 U.S.C. § 1326. We reverse.

I

We review the district court’s downward departure de novo under the Prosecutorial Remedies and Other Tools to End the Exploitation of Children Today Act of 2003 (PROTECT Act), even though this appeal was pending on the date the Act became *117effective. 18 U.S.C. § 3742(e)(4); United States v. Phillips, 356 F.3d 1076, 1092-93 (9th Cir.2004).

II

The government’s argument that its…