Lopez-Sepulveda

United States v. Lopez-Sepulveda

Good Law
46 F. App'x 887
United States Court of Appeals for the Ninth CircuitSeptember 17, 2002No. 01-50256; D.C. No. CR-00-3611-BTMCalifornia327 words

Opinion

Lead Opinion

MEMORANDUM **

Marcelo Lopez-Sepulveda challenges the district court’s refusal to apply a two-level downward adjustment for a minor role in the offense. See USSG § 3B1.2. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Lopez-Sepulveda argues that he was merely an unknowing drug courier and had little involvement or decisionmaking authority in any drug conspiracy. However, just because “a defendant acted as a drug courier does not mean his role was minimal or minor.” United States v. Davis, 36 F.3d 1424, 1436-37 (9th Cir. 1994); see also United States v. Hursh, 217 F.3d 761, 770 (9th Cir.2000). The evidence supported the district court’s determination that he was more than a mere *888 courier; at the time of his arrest he was driving alone in a truck he owned, which contained drugs concealed in a specially built compartment in the gas tank behind a trap door. The district court did not credit Lopez-Sepulveda’s professions of ignorance or attempts to blame others for the drugs, and we must defer to such credibility determinations. See 18 U.S.C. § 3742 (e); United States v. Merino, 190 F.3d 956, 957 (9th Cir.1999). 3 While it may not be clear precisely what…

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