Bonilla-Guzman

MEMORANDUM **

Dennis Bonilla-Guzman appeals his 70-month sentence imposed after his guilty-plea conviction for conspiracy to distribute cocaine, in violation of 21 U.S.C. §§ 841 (a), (b)(1)(B), and 846. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Bonilla-Guzman contends that this case should be remanded for re-sentencing because the record is unclear as to whether the district court understood its authority to grant a downward departure based on appellant’s status as a deportable alien.

We disagree. The record indicates that the district court understood its discretion to depart on that basis, but declined to do so. We lack jurisdiction to review the discretionary denial of a downward departure. United States v. Berger, 103 F.3d 67, 70 (9th Cir.1996).

Bonilla-Guzman also contends that the district court clearly erred by denying a “safety valve” reduction under U.S.S.G. § 5C1.2, when it found he was not entirely truthful in providing information to the *826 government. We review for clear error a district court’s factual determination of whether a defendant is eligible for “safety valve” relief. United States v. Ajugwo, 82 F.3d 925, 929 (9th Cir.1996).…