United States v. Jose Castro-Fernandez ( 2017 )


Menu:
  •                                     UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 17-4115
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee,
    v.
    JOSE GUADALUPE CASTRO-FERNANDEZ,
    Defendant - Appellant.
    Appeal from the United States District Court for the Middle District of North Carolina, at
    Greensboro. Thomas D. Schroeder, District Judge. (1:16-cr-00298-TDS-2)
    Submitted: September 28, 2017                                     Decided: October 2, 2017
    Before WILKINSON, MOTZ, and KING, Circuit Judges.
    Affirmed by unpublished per curiam opinion.
    Harvey A. Carpenter, IV, LAW OFFICES OF H.A. CARPENTER IV, Greensboro, North
    Carolina, for Appellant. Randall Stuart Galyon, OFFICE OF THE UNITED STATES
    ATTORNEY, Greensboro, North Carolina, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Jose Guadalupe Castro-Fernandez pled guilty to conspiracy to distribute cocaine
    hydrochloride, 21 U.S.C. § 846 (2012). The district court sentenced him to 57 months’
    imprisonment. Counsel has filed a brief pursuant to Anders v. California, 
    386 U.S. 738
    (1967), stating that, in counsel’s view, there are no meritorious issues for appeal, but
    questioning whether the district court erred by denying Castro-Fernandez a mitigating role
    reduction in his offense level. Castro-Fernandez has filed a pro se supplemental brief, also
    addressing this issue. We affirm.
    “Section 3B1.2 of the Sentencing Guidelines provides for various reductions to a
    defendant’s offense level if the defendant played a part in committing the offense that
    makes him substantially less culpable than the average participant” in the criminal activity.
    United States v. Powell, 
    680 F.3d 350
    , 358 (4th Cir. 2012) (internal quotation marks
    omitted). A defendant may receive a four-level reduction in offense level if he was a
    minimal participant in the criminal activity, a two-level reduction if he was a minor
    participant, and a three-level reduction if her participation fell between minimal and minor.
    U.S. Sentencing Guidelines Manual § 3B1.2 (2016). A minimal participant is one who
    plays a minimal role and is “plainly among the least culpable of those involved” in the
    offense. USSG § 3B1.2 cmt. n.4. A minor participant is less culpable than other
    participants in the criminal activity, while not among the least culpable. USSG § 3B1.2
    cmt. n.5. The Guidelines commentary specifies that the inquiry is fact-specific and based
    on the totality of the circumstances. USSG § 3B1.2 cmt. n.3(C).
    2
    The defendant bears the burden of demonstrating by a preponderance of the
    evidence that he is entitled to a mitigating role adjustment. 
    Powell, 680 F.3d at 358-59
    .
    We have reviewed the record and the relevant legal authorities and conclude that the district
    court did not err in finding that Castro-Fernandez failed to meet his burden of showing that
    he had a minor or minimal role. See United States v. Manigan, 
    592 F.3d 621
    , 626 (4th Cir.
    2010) (providing standard).
    In accordance with Anders, we have reviewed the entire record in this case and have
    found no meritorious issues for appeal. We therefore affirm the judgment of the district
    court. This court requires that counsel inform Castro-Fernandez, in writing, of his right to
    petition the Supreme Court of the United States for further review. If Castro-Fernandez
    requests that a petition be filed, but counsel believes that such a petition would be frivolous,
    then counsel may move this court for leave to withdraw from representation. Counsel’s
    motion must state that a copy thereof was served on Castro-Fernandez. We dispense with
    oral argument because the facts and legal contentions are adequately presented in the
    materials before this court and argument would not aid the decisional process.
    AFFIRMED
    3
    

Document Info

Docket Number: 17-4115

Judges: Wilkinson, Motz, King

Filed Date: 10/2/2017

Precedential Status: Non-Precedential

Modified Date: 10/19/2024