
    UNITED STATES of America, Plaintiff—Appellee, v. Alvin ATWATER, Jr., Defendant—Appellant.
    No. 02-50256.
    D.C. No. CR-00-00315-ABC-1.
    United States Court of Appeals, Ninth Circuit.
    Submitted Jan. 13, 2002.
    
    Decided Jan. 22, 2003.
    Before BEEZER, KLEINFELD, and PAEZ, Circuit Judges.
    
      
      This panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
    
   MEMORANDUM

Alvin Atwater, Jr. appeals the sentence imposed following his guilty plea to one count of making a false statement in the acquisition of a firearm in violation of 18 U.S.C. § 922(g)(6). Atwater contends that the district court abused its discretion by denying him a downward departure to account for the disparity between federal and state penalties for making a false statement on a firearms application. We lack jurisdiction because the district court stated expressly that it was denying the departure in its discretion. United States v. Romero, 293 F.3d 1120, 1126-27 (9th Cir.2002). This appeal is

DISMISSED. 
      
       This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
     