Hernandez-Silva

MEMORANDUM **

Jose Hernandez-Silva appeals from the 63-month sentence imposed following his guilty-plea conviction for illegal re-entry after deportation, in violation of 8 U.S.C. § 1326 (a). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Hernandez-Silva contends that the district court clearly erred by failing to grant an additional one-level reduction for acceptance of responsibility pursuant to U.S.S.G. § 3E1.1(b), despite the government’s motion recommending the adjustment. The district court did not err as its decision was based on Hernandez-Silva’s failure to timely notify authorities of his intention to enter a plea of guilty, thereby preventing the court from allocating its resources efficiently. See U.S.S.G. § 3E1.1(b) (2006); see also United States v. Espinoza-Cano, 456 F.3d 1126, 1135 (9th Cir.2006).

Hernandez-Silva also contends that the overall sentence imposed was unreasonable due to the district court’s refusal to grant a downward departure for cultural assimilation, its failure to consider mitigating factors, and its improper consideration of his criminal history. The district court noted that the facts did not support a departure for…