Guereca

MEMORANDUM **

Jose Antonio Guereca appeals his guilty plea conviction and 46-month sentence for importation of marijuana, in violation of 21 U.S.C. §§ 952 and 960. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo whether a plea agreement has been breached. United States v. Camarillo-Tello, 236 F.3d 1024, 1026 (9th Cir.2001). We affirm in part and dismiss in part.

Guereca contends that the government breached the plea agreement by indicating that he was a career offender on its initial Sentencing Summary Chart. The district court properly found that the government did not breach the plea agreement because the government fulfilled its obligations pursuant to the agreement and also that the agreement expressly made no promises as to Guereca’s criminal history category. See United States v. De la Fuente, 8 F.3d 1333, 1340 (9th Cir.1993).

*682 We dismiss Guereca’s appeal to the extent that he contends that the district court erred by failing to grant a “fast-track” downward departure because we lack jurisdiction to review a district court’s discretionary refusal to depart downward from the Guidelines. See United States v. Webster, 108 F.3d 1156, 1158 (9th…