Citation Codes Equivalent Citations citation codes Docket Number No. 09-50546. Attorney(S) 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. Judges Diarmuid Fionntain O'Scannlain Richard C. Tallman Carlos T. Bea Acts Aliens And Nationality — Immigration And Nationality — Immigration — General Penalty Provisions — Reentry Of Removed Aliens Judiciary And Judicial Procedure — Courts Of Appeals — Jurisdiction And Venue — Final Decisions Of District Courts See more information ... Smart Summary Please sign up to generate summary. UNITED STATES of America, Plaintiff-Appellee, v. Jesus BACA-HERNANDEZ, Defendant-Appellant. MEMORANDUM 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). AFFIRMED.