The following excerpt is from U.S. v. Contreras, 972 F.2d 1344 (9th Cir. 1992):
Appellant next argues that he was prejudiced by his prior criminal history because it overrepresents his criminality. In essence, appellant contends that the district court ought to have departed down for criminal history overrepresentation. Appellant urged the district court to do so at sentencing. The district court was aware that it had the discretion to depart down for criminal history overrepresentation, but declined to do so. [ER 34-35]. Because we lack jurisdiction to review a district court's discretionary refusal to depart, see United States v. Morales, 898 F.2d 99, 103 (9th Cir.1990), appellant's argument must necessarily fail.
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