What is the effect of comments made by a federal district court during a sentencing hearing regarding a defendant's sentencing?

(emphasis added). These comments indisputably suggest that the district court felt that its sentencing decision was constrained by the applicable law, and indeed it was. Even a discretionary departure requires a legal basis. See United States v. Gillock, 886 F.2d 220, 221 (9th Cir.1989) (downward departures are infrequently appropriate). In light of the district court's comments during the sentencing hearing as a whole, we conclude that the district court refused to exercise its discretion to depart downward because it concluded that there was no legally supportable reason to do so. Under such circumstances, we have no jurisdiction to review the district court's decision.