Collazo-Cervantes

MEMORANDUM **

Jose Collazo-Cervantes appeals from his sentence of 57 months following his guilty plea to being a deported alien found in the United States without permission, in violation of 8 U.S.C. § 1326 . He argues that the court erred in relying on police records of past offenses in deciding not to depart downward.

We do not have jurisdiction to review a district court’s discretionary refusal to depart downward. See United States v. Ruiz, 536 U.S. 622, 627 , 122 S.Ct. 2450 , 153 L.Ed.2d 586 (2002). We may, however, review a sentence “imposed in violation of law.” 18 U.S.C. § 3742 (a)(1). As we always have the jurisdiction to determine our own jurisdiction, see Ruiz, 536 U.S. at 628 , 122 S.Ct. 2450 , we address the merits below, conclude that the sentence was not imposed in violation of law, and dismiss the appeal for lack of jurisdiction.

“[Ajlthough a ‘prior arrest record’ by itself is not reliable, a ‘police record’— which ‘covers all aspects of a prosecuted offense’ and ‘detail[s][ ] underlying conduct during [an] offense’ — is rehable information.” United States v. G.L., 143 F.3d 1249, 1255 (9th Cir.1998) (quoting United States v. Durham, 995 F.2d 936 , 938 & n. 1…