MEMORANDUM* Michael Termel Carter appeals his sentence of 125 months imposed following a guilty plea to armed bank robbery in violation of 18 U.S.C. §§ 2113 (a) and (d). Carter contends that the district court erred by denying a downward departure based on the government's pre-arraignment delay. Carter also argues that the district court relied on erroneous facts in its denial of a downward departure for overrepresentation of criminal history. We affirm. We lack jurisdiction to review a district court's denial of a downward departure if it was discretionary and did not rest upon the court's belief that it lacked legal authority to depart. See United States v. Cantu, 12 F.3d 1506, 1510 (9th Cir. 1993); see also United States v. Koenig, 952 F.2d 267, 273-74 (9th Cir. 1991) (district court's comments reflected that it denied downward departure based on facts of case and defendant's culpability, not on belief that it lacked legal authority to depart); United States v. Sanchez, 914 F.2d 1355, 1363-64 (9th Cir. 1990) (imposing sentence above Sentencing Guidelines' minimum indicated district court's exercise of discretion), cert. denied, 499 U.S. 978 (1991).