United States of America, Plaintiff-appellee, v. Salvador Chacon-vargas, Aka Juan Vargas-arteaga, Aka, Luisalveres-ponce, Aka Manuel Lopez-romero, Defendant-appellant, 46 F.3d 1146 (9th Cir. 1995)

MEMORANDUM^** 

Salvador Chacon-Vargas appeals his sentence under the Sentencing Guidelines imposed following his guilty plea to being a deported alien found in the United States, in violation of 21 U.S.C. §§ 841(a) (1) and 846. Chacon contends that the district court erred by refusing to depart downward based on extraordinary family ties and responsibilities. Because the district court's decision does not appear to rest on a belief that departure was prevented as a matter of law, we lack jurisdiction to review the refusal to depart. See United States v. Belden, 957 F.2d 671, 676 (9th Cir.), cert. denied, 113 S. Ct. 234 (1992).

DISMISSED.