Ramirez-Franco

MEMORANDUM **

José Guadalupe Ramirez-Franco appeals his 77-month sentence imposed following his guilty plea for being an illegal alien found in the United States following deportation, in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 28 U.S.C. § 1291 . We dismiss in part, affirm in part, and vacate and remand in part.

Ramirez-Franco contends that the district court erred in denying his motions for downward departures because the court erroneously believed that he was not entitled to the departures as a matter of law. Because there is no indication that the court believed the grounds were not viable grounds for departure, we dismiss this contention. See United States v. Berger, 103 F.3d 67, 69-70 (9th Cir.1996).

Next, Ramirez-Franco contends that the district court erred in imposing certain special conditions on his supervised release because the need for such conditions is not supported by the record. Because Ramirez-Franco did not object below, we review for plain error. See United States v. Jordan, 256 F.3d 922, 926 (9th Cir.2001). We reject Ramirez-Franco’s challenge to the condition that he abstain from abusing prescription medications during his period of…