Rangel-Nino

MEMORANDUM **

Raymundo Rangel-Nino appeals his 29-month, 1-week sentence after a guilty-plea conviction to being found in the United States after deportation, in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant .to 18 U.S.C. § 3742 , and affirm, in part, and dismiss, in part.

Rangel-Nino first contends the district court erred by not finding his prior assault and possession of cocaine convictions to be related pursuant to U.S.S.G. § 4A1.2(a)(2). Because Rangel-Nino did not object at the sentencing hearing, we review sentencing determinations for plain error. See United States v. Scrivner, 114 F.3d 964, 970 (9th Cir.1997).

Rangel-Nino’s contention is without merit. Although the government concedes the district court erred, Rangel-Nino’s substantial rights were not affected as his criminal history category would have remained the same. See United States v. Allen, 153 F.3d 1037, 1046 (9th Cir.1998).

Rangel-Nino also contends the district court erred by denying him a downward departure for overrepresentation of his criminal history score. The district court’s *910 discretionary decision not to depart downward from the sentencing guidelines, however, is not renewable on…