United States v. Arturo Castillo-Gonzalez

U.S. Court of Appeals for the Ninth Circuit
United States v. Arturo Castillo-Gonzalez, 411 F. App'x 966 (9th Cir. 2011)

United States v. Arturo Castillo-Gonzalez

Opinion

MEMORANDUM **

Arturo Alejandro Castillo-Gonzalez appeals from the 66-month sentence imposed following his guilty-plea conviction for importation of cocaine, in violation of 21 U.S.C. §§ 952(a), 960(a)(1) and (b)(l)(B)(ii), and possession with intent to distribute cocaine, in violation of 21 U.S.C. § 841(a)(1) and (b)(l)(A)(ii)(II). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Castillo-Gonzalez contends that the district court erred by denying his request for the mitigating role adjustment at U.S.S.G. § 3B1.2. Under the facts of this case, the district court did not clearly err by denying an adjustment for minimal or minor role. See United States v. Cantrell, 433 F.3d 1269, 1282 (9th Cir. 2006) (describing standard); see also United States v. Lui, 941 F.2d 844, 849 (9th Cir. 1991) (stating that a defendant “may be a courier without being either a minimal or a *968 minor participant,” and that “possession of a substantial amount of narcotics is grounds for refusing to grant a sentence reduction”).

Castillo-Gonzalez further contends that his sentence was substantively unreasonable. Considering the totality of the circumstances, Castillo-Gonzalez’s below-Guidelines sentence was substantively reasonable. See Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007).

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Arturo Alejandro CASTILLO-GONZALEZ, Defendant-Appellant
Status
Unpublished