Lopez-Santos

MEMORANDUM **

Javier Lopez-Santos appeals his 188-month sentence following his guilty plea to conspiracy to distribute heroin in violation of 21 U.S.C § 846. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm in part and dismiss in part.

Lopez-Santos contends that the district court erred when it denied his motion to compel the government to move for a downward departure based on substantial assistance pursuant to U.S.S.G. § 5K1.1 as contemplated in the plea agreement. Because the government’s stated reasons for declining to move for a downward departure were neither arbitrary nor unconstitutional, the district court did not clearly err in denying Lopez-Santos’ motion to compel. See United States v. Burrows, 36 F.3d 875, 884 (9th Cir.1994).

Lopez-Santos also contends that the district court erred in denying his requests for downward departures based on his status as a deportable alien and based on an over-representation of his criminal history. Because we lack jurisdiction to review a district court’s discretionary decision not to depart, see United States v. Pinto, 48 F.3d 384, 389 (9th Cir.1995) (‘We have held that decisions to deny downward departure will be…