Torres

MEMORANDUM **

Oscar Francisco Torres appeals the sentence imposed following his guilty plea to *298 possession with intent to distribute a controlled substance, methamphetamine, in violation of 21 U.S.C. § 841 (a)(1).

Torres contends that the district court erred by denying his request for a downward departure based on aggressive government action leading to an increase in the amount of drugs transacted. We lack jurisdiction to review this decision because the district court’s explanation of its decision indicates that it recognized its authority to depart on this ground and denied the request, in its discretion, based on the facts presented. United States v. Lipman, 133 F.3d 726, 731-32 (9th Cir.1998).

Torres contends that a downward departure is also warranted because of the disparity between Torres’ federal sentence and the sentence he could have received in state court. To the extent Torres raised this contention in the district court as part of his request for the government-misconduct departure, we lack jurisdiction to review the district court’s discretionary denial. Id. To the extent this ground for a departure was not raised in the district court, we decline to…