U.S. Court of Appeals for the Ninth Circuit, 2010

United States v. Jesus Baca-Hernandez

United States v. Jesus Baca-Hernandez
U.S. Court of Appeals for the Ninth Circuit · Decided October 27, 2010 · O'Scannlain, Tallman, Bea
401 F. App'x 223

United States v. Jesus Baca-Hernandez

Opinion

MEMORANDUM **

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.

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.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.

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