Sanchez-Gomez

MEMORANDUM **

In these consolidated appeals, Dario Sanchez-Gomez appeals his guilty plea convictions and concurrent 77-month sentences imposed for transporting illegal aliens, in violation of 8 U.S.C. § 1324 (a)(l)(A)(ii), and illegal reentry following deportation, in violation of 8 U.S.C. § 1326 . Sanchez-Gomez’s attorney has filed a brief and a motion to withdraw as counsel of record pursuant to Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967). Sanchez-Gomez has not filed a pro se supplemental brief.

Counsel identifies the potential issue of whether the district court abused its discretion by failing to recognize its authority to downwardly depart on the basis of the minor nature of Sanchez-Gomez’s prior aggravated felony. We lack jurisdiction to review this discretionary decision not to depart because the district court indicated it found no special circumstances warranting a departure and did not state that it lacked the authority to depart on this basis. See United States v. Pinto, 48 F.3d 384, 389 (9th Cir.1995) (“[DJecisions to deny downward departure will be considered discretionary unless the district court indicates that its refusal to depart…