Gutierrez-Lopez

MEMORANDUM **

In these consolidated appeals, Felix Gutierrez-Lopez appeals the 26-month sen *388 tence imposed following his guilty plea conviction for unlawful reentry of a deported alien, a violation of 8 U.S.C. § 1326 , and the 11-month sentence imposed for violating the terms of his release. We affirm in part, and dismiss in part based on lack of jurisdiction.

Gutierrez-Lopez argues that he should not have been sentenced pursuant to 8 U.S.C. § 1326 (b)(2) (enhancing the penalty for aliens whose “removal was subsequent to a conviction for commission of an aggravated felony”) because his removal was accomplished through the reinstatement of a prior removal order. We recently rejected this argument in United States v. Luna-Madellaga, 315 F.3d 1224, 1225-26 (9th Cir.2003) (“That the 1999 removal order was accomplished by reinstatement of his 1995 removal order is of no consequence. Therefore, he is subject to the enhanced penalty prescribed by § 1326(b)(2)[.]”).

Gutierrez-Lopez next challenges the district court’s decision not to grant him a downward departure from the Sentencing Guidelines for “savings to the government.” The district court recognized that it had the power to…