assimilation we contend this for several reasons first of all the facts are deuced at sentencing we're not unique enough to take this case outside the heartland of the defendants who would have illegally reenter the united states especially defendants who repeatedly be entered the united states as defendant in this case if that's established were that the defendant had lived here for many years and had family members here however he did have a sister  wanna who had offered him a place to live and a job and he had a wife and children here but the facts show that he had lived with them for many years and that they were willing to accommodate him they need with him once he had been deported so he saw the totality showed that there was really no compelling reason for his illegal reentry and therefore there was no grounds for the cultural assimilation departure  read with the district court you know the court was not relying on cultural assimilation alone but on a combination of factors including the judge's view that the defendant the most important one but it's not the only why well that may be true but that was the only so how does that affect your analysis if it's not the only factor well the other factors that the court may have looked at regarding the family  the court's decision was based on all the factors raised doesn't take into account any of the aggravating factors in this case most importantly the number of illegal entries by this defendant here and our position really on the cultural go in prison he's now married and has a young daughter he's a hard worker and a good person his wife tells his wife tells his dad his sisters offered him a place to live as he values his family seeks to reunite with them he asked for an opportunity to do s well this court is held in the guidelines told that family ties and many other factors go to family ties apart from the cultural assimilation part of the argument are disfavored grounds for departure and so we argue that those aren't relevant they don't add to seminal case and cultural assimilation found that there is a defendant and his entire family lived in the united states unlike the defendant here and that was considered not enough in light of the aggravating factors such as the defendant's criminal history  and here also we have a lengthy criminal history it includes two aggravated felony and one for felon in possession of a firearm and one for second degree robbery as well as the multiple reentries that were not present but in this case that argument was made and the judge said well that's not what i thinking about what i think about is the fact that he came here when he was eight and basically for entire minority he  lived here before any illegal reentry was sent before any criminal activity so what difference does that make in your view does that mean that if he comes back left the united states and then illegally entered at that point he he very well may have had a good and compelling argument for cultural assimilation right as events unfold and he's convicted of crimes should it be any more of our concern in the jurisdictional sense well in terms of the the declaration itself but the problem of the declaration is mr chang simply said that she reviewed their office records and according to their office has been hand but you know if an appeal is filed without the attorney general says means approval i mentioned the as his due u s attorneys going to be in deep trouble with his boss again and all i can do is compare it to the only other it keeping tight function that congress has set up with respect to for the prosecution of appeals just like in the if you support this context where whoever loses that look that if you look at the combination of factors focus in life and certainly being one but everything that he's done you can't tell us that what's been done to warrant any and great i mean analogous to family ties somehow i mean lippmann the alien and had no i mean if he was to be believed he had a really good reason to come to this can't come back into the country illegally and that was to see a disabled daughter who had been the victim of a horrible crime right there of course so that kind of get your heart you say hey this guy is different and and so forth i look at this case and i don't see anything lied about his reason for coming back to the country that in fact he was found he said he was going to york he was found in los angeles committing crime so the fact is he the court found he had in fact come to this country back to this country in order to be with his his daughter here in this desert really has family here he grew up here this is us is why invest so do an awful lot of aliens who are in this country illegally and not for economic purposes which i believe this court is saying is perhaps more of the reason why most airlines come to this country not because of their initial cultural ties here we have this cultural ties he came here when he was eight years yeah i do have a question because i i didn't think what you just said was correct and i wanted to go back to like you said that heat married for he had departed illegally ation departure i'd like to point out that regarding this defendant's criminal history the district court here did depart down or one criminal history level for mistakes two of five we're not contesting that on appeal but in terms of