United States v. Jesus Baca-Hernandez

FILED
NOT FOR PUBLICATION OCT 27 2010

MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 09-50546

Plaintiff - Appellee, D.C. No. 3:08-cr-01000-DMS

v.
MEMORANDUM *
JESUS BACA-HERNANDEZ,

Defendant - Appellant.

Appeal from the United States District Court
for the Southern District of California
Dana M. Sabraw, District Judge, Presiding

Submitted October 19, 2010 **

Before: O’SCANNLAIN, TALLMAN, and BEA, Circuit Judges.

Jesus Baca-Hernandez appeals from the 70-month sentence imposed

following his guilty-plea 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.

*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
 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).

AFFIRMED.

2 09-50546