(b) Appeal by the Government.— The Government may file a notice of appeal in the district court for review of an otherwise final sentence if the sentence—
(1) was imposed in violation of law;
(2) was imposed as a result of an incorrect application of the sentencing guidelines;
(3) is less than the sentence specified in the applicable guideline range to the extent that the sentence includes a lesser fine or term of imprisonment, probation, or supervised release than the minimum established in the guideline range, or includes a less limiting condition of probation or supervised release under section 3563 (b)(6) or (b)(11) [1] than the minimum established in the guideline range; or
(4) was imposed for an offense for which there is no sentencing guideline and is plainly unreasonable.
If, as stated by some of the other posters here, there is no specific minimum sentence in this case, the government could try to appeal this horrible miscarriage of justice under subsection (4) as being "plainly unreasonable."
I suggest we all start a letter campaign to the US DOJ
email and snail mail
http://www.usdoj.gov/contact-us.html