Gurrola-Olivas

United States v. Gurrola-Olivas

Good Law
40 F. App'x 591
United States Court of Appeals for the Ninth CircuitJune 27, 2002No. 01-50644; D.C. No. CR-01-01190-JCalifornia439 words

Opinion

Lead Opinion

MEMORANDUM **

Jose Antonio Gurrola-Olivas appeals his seven month sentence for importation of marijuana, contending that he was entitled to a reduction because of his minor role in the offense. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Gurrola-Olivas was a driver for a Tijuana, Mexico trucking company. On April 3, 2001, Gurrola-Olivas left Tijuana with a shipment of television sets bound for the United States. At the United States border a drug detecting dog alerted to his truck. Customs inspector found 15,359 pounds of marijuana in boxes with an estimated street value of $12,000,000. Evidence indicated this was the largest *592 amount of marijuana ever seized at a land port.

We review the district court’s factual finding that Gurrola-Olivas’s role was not minor for clear error. United States v. Hursh, 217 F.3d 761, 770 (9th Cir.2000). “The fact that a defendant acted as a drug courier does not necessarily mean his role was minimal or minor.” Id. (quotations and alterations omitted). We affirmed the denial of a decrease in sentence for minor role when the defendant “was the driver and sole occupant of a vehicle in which a substantial amount of marijuana…

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