United States v. Paul Castro-Lopez

MEMORANDUM

Paul Antonio Castro-Lopez appeals from the district court’s judgment and challenges the 84-month sentence imposed following his guilty-plea conviction for importation of cocaine, in violation of 21 U.S.C. §§ 952 (a) and 960(a)(1), (b)(1)(B)(ii); and possession with intent to distribute cocaine, in violation of 21 U.S.C. § 841 (a)(1), (b)(1)(A)(ii)(II). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Castro-Lopez contends that the district court erred in denying his request for a minor role adjustment under U.S.S.G. § 3B1.2(b). Castro-Lopez argues that he was entitled to the adjustment because he was merely a courier who believed he was carrying marijuana and not cocaine. The court did not clearly err in denying the adjustment. See United States v. Rodriguez-Castro, 641 F.3d 1189, 1193 (9th Cir. 2011), cert. denied, — U.S. -, 132 S.Ct. 1061 , 181 L.Ed.2d 778 (2012). Because the record reflects that 62 kilograms of cocaine were concealed in the roof of the car driven and registered to Castro-Lopez, he failed to establish that he was substan tially less culpable than the average participant. See id. (“The court was justifiably skeptical that this amount of…