United States v. Michael O. Heilmann,appellee

MORRIS SHEPPARD ARNOLD, Circuit Judge.

The government appeals the district court’s departure below the applicable guidelines range. We vacate the sentence and remand the case for further proceedings.

Pursuant to a written plea agreement in which the government agreed to dismiss an indictment charging him with possession with intent to distribute methamphetamine, see 21 U.S.C. § 841(a)(1), Michael Heilmann pleaded guilty to a charge of traveling interstate to promote and facilitate the commission of felony drug offenses, see 18 U.S.C. § 1952(a)(3). At sentencing, the court set the base offense…