*470MEMORANDUM **

Jose Armenta-Alcantar appeals from the 60-month sentence imposed following his guilty-plea conviction for illegal re-entry after deportation, in violation of 8 U.S.C. § 1326(a). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Armenta-Alcantar • contends that the government’s refusal to move for an additional one level reduction for acceptance of responsibility under U.S.S.G. § 3El.l(b) is arbitrary and amounts to vindictive prosecution. The government’s stated reason for not filing the motion was Armenta-Alcantar’s refusal to plead pursuant to a fast-track plea agreement. The government’s decision is not based on an unconstitutional motive, nor does it amount to arbitrary government action. See United States v. Espinoza-Cano, 456 F.3d 1126, 1138 (9th Cir. 2006) (finding nothing improper about the government providing an incentive to plea bargain).

AFFIRMED.