
    UNITED STATES of America, Appellee, v. Rafael LEPEZ-CASTILLO, Appellant.
    No. 01-1878.
    United States Court of Appeals, Eighth Circuit.
    Submitted Sept. 7, 2001.
    Decided Sept. 12, 2001.
    
      Before WOLLMAN, Chief Judge, MORRIS SHEPPARD ARNOLD, and BYE, Circuit Judges.
   PER CURIAM.

Rafael Lepez-Castillo, a Mexican citizen, appeals the sentence of 77 months imprisonment and 3 years supervised release imposed on him by the district court after he pleaded guilty to illegal reentry following deportation, in violation of 8 U.S.C. § 1326(a) and (b)(2). On appeal, he argues that the court erroneously concluded it lacked authority to depart on account of extraordinary cultural assimilation.

Our review of the sentencing transcript reveals that the district court assumed without deciding that it had authority to consider the asserted ground for departure. Because the court then declined to depart as a discretionary matter, we will not review its decision. See United, States v. Orozco-Rodriguez, 220 F.3d 940, 942 (8th Cir.2000) (district court’s decision not to depart downward is unreviewable so long as court was aware of its authority to depart).

Accordingly, we affirm. 
      
      . The Honorable Richard G. Kopf, Chief Judge, United States District Court for the District of Nebraska.
     