What is the impact of a district court's failure to depart the appropriate levels for victim misconduct and serious bodily injury?

The district court departed downward five levels for victim misconduct and three levels based on a combination of other factors. ³⁰ The government appeals from both of the downward departures and from the failure to adjust upward for serious bodily injury. We review de novo whether the district court had authority to depart. United States v. Lira-Barraza, 941 F.2d 745, 746 (9th Cir.1991) (en banc). We review the factual findings concerning serious bodily injury for clear error. United States v. Chapnick, 963 F.2d 224, 226 (9th Cir.1992).