United States of America v. Jesus Baca-Hernandez

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JESUS BACA-HERNANDEZ,
Defendant - Appellant.
No. 09-50546
D.C. No. 3:08-cr-01000-DMS
MEMORANDUM*
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.
FILED
OCT 27 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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09-50546 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.

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