In the government's appeal of defendant's sentence in connection with his plot to carry out an attack against the U.S. by detonating explosives at the Los Angeles International Airport on December 31, 1999, the sentence is vacated where the district court committed procedural error in failing to address specific, nonfrivolous arguments raised by the government in imposing a sentence that was well below the advisory Sentencing Guidelines range.
Argued and Submitted December 7, 2009
Filed February 2, 2010
Opinion by Judge Alarcon
Dissent by Judge Fernandez
Mark N. Bartlett and Helen J. Brunner, Assistant United States Attorneys, Seattle, WA