United States v. Mark Concha

TRAXLER, Circuit Judge:

Pursuant to a plea agreement, Mark Ulisses Concha pleaded guilty to conspiracy to distribute at least five kilos of cocaine. The district court sentenced Concha to 210 months’ imprisonment, which the court then reduced to 126 months after granting the government’s motion for a downward departure under U.S.S.G. § 5K1.1 and 18 U.S.C. § 3553(e) based on Concha’s substantial assistance. Concha appeals, arguing that the district court abused its discretion by considering factors unrelated to his assistance when imposing sentence. We agree that the district court erred, and…