Miranda-Gastelum

MEMORANDUM

*709 Alberto V. Miranda-Gastelum appeals his 46-month sentence for one count of illegal re-entry after deportation in violation of 8 U.S.C. § 1326 (a) and (b)(2). We have jurisdiction to review the judgment pursuant to 28 U.S.C. § 1291 , but lack jurisdiction over the discretionary denial of a downward departure. We dismiss.

Miranda-Gastelum contends that the district court erroneously believed that it lacked discretion to depart downward based on his consent to fast-track deportation, in the absence of a government-approved plea bargain. This contention is unsupported by the record. The district court’s observation that timely consent is a factor for such a departure is not tantamount to a belief that government approval is required. Cf. United States v. Rodriguez-Lopez, 198 F.3d 773, 775-76 (9th Cir. 1999) (reversing where district court undisputedly believed it lacked authority to depart without government consent to fast-track). The district court’s discretionary denial of the departure is not renewable, United States v. Webster, 108 F.3d 1156, 1158-59 (9th Cir.1997), and we dismiss this claim. United States v. Rivera-Sanchez, 222 F.3d 1057, 1065 (9th Cir. 2000)…