The following excerpt is from U.S. v. Rodriguez-Rocha, 145 F.3d 1343 (9th Cir. 1998):
Rodriguez contends that the district court erred by refusing to grant a downward departure for overrepresentation of his criminal history. Because the record conclusively shows that the district court was aware of its authority to depart from the sentencing guidelines, we have no jurisdiction to review the court's discretionary refusal to do so. See United States v. Gutierrez-Cervantes, 132 F.3d 460, 462-63 (9th Cir.1997), cert. denied, --- U.S. ----, 118 S.Ct. 869, 139 L.Ed.2d 766 (1998).
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