Arellano

United States v. Arellano

Good Law
39 F. App'x 532
United States Court of Appeals for the Ninth CircuitApril 17, 2002No. 00-50663; D.C. No. CR-99-00886-ABC-02California448 words

Opinion

Lead Opinion

MEMORANDUM ***

Defendant Luis Alonso Arellano challenges his sentence for armed bank robbery and conspiracy to commit armed bank robbery. Specifically, he argues that *533 the district court erred when it declined to reduce his offense level pursuant to U.S.S.G. § 3B1.2(b) because of Defendant’s allegedly minor role in the offense. We review for clear error the district court’s decision that Defendant did not qualify for such a role reduction. United States v. Pizzichiello, 272 F.3d 1232, 1237 (9th Cir.2001).

Defendant argues that he is less culpable than the armed robber who physically took the money, for three reasons: he has a low IQ score, his participation was involuntary, and he was a less active and less important participant in the robbery. None of these arguments persuades us.

The fact that Defendant has a low IQ score, without more, does nothing to diminish his culpability. Defendant presented no evidence that his participation was involuntary, other than his own self-serving statement. The district court was not required to credit such a self-serving statement. United States v. Lui 941 F.2d 844, 849 (9th Cir.1991). Finally, the record reflects that Defendant played…

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