Opinion
No. 09-50546.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed October 27, 2010.
Steven D. Desalvo, Esquire, Assistant U.S., Dale A. Blankenship, Office of the U.S. Attorney, San Diego, CA, for Plaintiff-Appellee.
Daniel Casillas, Law Office of Daniel Casillas, San Diego, CA, for Defendant-Appellant.
Appeal from the United States District Court for the Southern District of California, Dana M. Sabraw, District Judge, Presiding. D.C. No. 3:08-cr-01000-DMS.
Before: O'SCANNLAIN, TALLMAN, and BEA, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Jesus Baca-Hernandez appeals from the 70-month sentence imposed following his guiltyplea conviction for attempted entry after deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Baca-Hernandez contends that the district court erred by denying his request for a downward departure for cultural assimilation under U.S.S.G. § 5K2.0. He also contends that his sentence is substantively unreasonable. The district court did not procedurally err, and the sentence is substantively reasonable. See United States v. Dallman, 533 F.3d 755, 760-61 (9th Cir. 2008); United States v. Carty, 520 F.3d 984, 992-94 (9th Cir. 2008) (en banc).