United States of America v. Paul Antonio Castro-Lopez

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
PAUL ANTONIO CASTRO-LOPEZ,
Defendant - Appellant.
No. 11-10679
D.C. No. 4:10-cr-03662-JGZ
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Jennifer G. Zipps, District Judge, Presiding
Submitted March 12, 2013**
Before: PREGERSON, REINHARDT, and W. FLETCHER, Circuit Judges.
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
FILED
MAR 25 2013
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

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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, 132 S. Ct. 1061 (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 substantially less culpable than
the average participant. See id. (“The court was justifiably skeptical that this
amount of drugs [33.46 kilograms of cocaine] would be entrusted to a minor
player.”).
Castro-Lopez next contends that his sentence is substantively unreasonable.
The district court did not abuse its discretion in imposing Castro-Lopez’s sentence.
See Gall v. United States, 552 U.S. 38, 51 (2007). The sentence 37 months below
the advisory Guidelines range is substantively reasonable in light of the totality of
the circumstances and 18 U.S.C. § 3553(a) sentencing factors. See id.
AFFIRMED.
11-10679 2

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