Batz-Gonzalez

MEMORANDUM **

Jose Luis Batz-Gonzalez pleaded guilty to illegal reentry pursuant to 8 U.S.C. § 1326 (a) and he was sentenced to 63 months in prison pursuant to 8 U.S.C. § 1326 (b)(2). He appeals his sentence. The facts and prior proceedings are known to the parties; they are not restated herein except as necessary. We affirm.

Batz-Gonzalez asked the district court to depart downward from the sentencing guidelines because he had become culturally assimilated in the United States prior to his deportation. See United States v. Lipman, 133 F.3d 726, 730-31 (9th Cir.1998). *526 The district court rejected this request, concluding:

“ ‘We lack jurisdiction to review a district court’s discretionary refusal to depart downward from the Guidelines.’” Id. at 732 (quoting United States v. Webster, 108 F.3d 1156, 1158 (9th Cir.1997)). We have jurisdiction only to review the district court’s determination of whether it had the authority to depart downward under the Sentencing Guidelines. Id. at 729. The district court’s explanation for its refusal to depart downward for cultural assimilation demonstrates that it understood, correctly, that it had the discretion to depart downward, but that…