
    UNITED STATES of America, Plaintiff-Appellee, v. Jorge RUIZ-NUNEZ, Defendant-Appellant.
    No. 06-50706
    Conference Calendar.
    United States Court of Appeals, Fifth Circuit.
    June 19, 2007.
    Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney’s Office, Western District of Texas, San Antonio, TX, for Plaintiff-Appellee.
    Robert Ramos, El Paso, TX, for Defendant-Appellant.
    Before JONES, Chief Judge, and JOLLY and DENNIS, Circuit Judges.
   PER CURIAM:

Jorge Ruiz-Nunez (Ruiz) appeals the sentence following his guilty-plea conviction for illegal reentry following deportation in -violation of 8 U.S.C. § 1326. He contends that the district court erred in refusing to depart downward on grounds of cultural assimilation. The record reflects that the downward departure was denied because the district court believed it was unwarranted based on the facts of this case. We lack jurisdiction to review this ruling. See United States v. Hernandez, 457 F.3d 416, 424 (5th Cir.2006). Consequently, the appeal is DISMISSED. 
      
       Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
     