United States v. Lopez-Sepulveda
United States v. Lopez-Sepulveda
Opinion of the Court
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
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
. The district court did not err in considering evidence of other non-offense conduct in determining his role in the offense. See United States v. Duran, 15 F.3d 131, 133 (9th Cir. 1994); U.S.S.G. ch. 3, pt B, introductory cmt.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.