Sanchez-Mendoza

MEMORANDUM **

Rodolfo Sanchez-Mendoza pleaded guilty to being an alien in the United States after deportation, 8 U.S.C. § 1326 . He challenges his sentence, arguing that the district court should have departed downward based on “cultural assimilation” and that his attorney was ineffective for not conducting more investigation prior to sentencing and for waiving the presentence report. We reject these arguments and we affirm.

*379 DISCUSSION

1. Downward Departure

A court may depart downward based on findings of “cultural assimilation.” See United States v. Lipman, 133 F.3d 726, 730-31 (9th Cir.1998). The record here does not support, however, Sanchez-Mendoza’s claim that he requested such a departure. There is no mention of departure or cultural assimilation in the sentencing proceedings. Moreover, we note that the plea agreement prohibits Sanchez-Mendoza from requesting a downward departure and that his attorney expressly agreed with the Government’s sentencing recommendation. Given these circumstances, we conclude that Sanchez-Mendoza waived his right to seek a downward departure by failing to present the issue to the district court. See United States v. Quesada, 972 F.2d…