
    UNITED STATES of America, Plaintiff-Appellee, v. Jesus BACA-HERNANDEZ, Defendant-Appellant.
    No. 09-50546.
    United States Court of Appeals, Ninth Circuit.
    Submitted Oct. 19, 2010.
    
    Filed Oct. 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.
    Before: O’SCANNLAIN, TALLMAN, and BEA, Circuit Judges.
    
      
       The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
    
   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.
     