Larson

MEMORANDUM **

Robert William Larson appeals from the district court’s imposition of sentence after Larson pleaded guilty to the manufacture of counterfeit currency under 18 U.S.C. § 471 . We affirm. Because the parties are familiar with the factual and procedural history of this case, we will not recount it here.

Larson appeals the district court’s decision not to depart downward for post-conviction rehabilitation. We do not have “jurisdiction to review a district court’s decision not to grant a discretionary downward departure absent evidence that the district court believed it lacked the authority to do so.” United States v. Tam, 240 F.3d 797, 805 (9th Cir.2001). The district court undertook a thorough review of the relevant factors and ultimately found that Larson had not demonstrated an extraordinary level of rehabilitation substantially different from other similarly situated defendants. The court was aware of its ability to depart, but chose not to exercise it. That discretionary decision of the district court is unreviewable.

I

*303 II

Larson asserts that the reporting requirements of the Feeney Amendment 1 create an unconstitutional chill such that district court…