Hurtado-Sanchez

MEMORANDUM **

Mercedes Hurtado-Sanchez appeals the 37-month sentence imposed by the district court following his guilty plea conviction for illegal reentry, in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we dismiss in part and affirm in part.

Hurtado-Sanchez contends the district court erred by denying him a downward departure based on the minor amount of drugs involved in the underlying aggravated felony. United States v. Sanehez-Rod-riguez, 161 F.3d 556 (9th Cir.1998) (en banc) (stating that downward departure based on minor nature of prior aggravated felony not an abuse of discretion). We dismiss this portion of Hurtado-Sanchez’s appeal because we lack jurisdiction to review the denial of a discretionary downward departure request. See United States v. Lipman, 133 F.3d 726, 729 (9th Cir.1998) (concluding that appellate court lacks jurisdiction to review a district court’s discretionary denial of a downward departure).

Hurtado-Sanchez further contends that the district court erred by denying him a downward departure based on the lost opportunity to serve his federal sentence concurrent with his state sentence. Hur-tado-Sanchez,…