UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

UNITED STATES OF AMERICA, 

Plaintiff, 

 

vs. CASE NO. 20-20180-CR-BLOOM 

CRISTIAN GULLERMO 

 GARCIA-LOPEZ, 

Defendant. 

_________________________/ 

OBJECTIONS TO PRESENTENCE INVESTIGATION REPORT AND 

MEMORANDUM OF LAW 

 COMES NOW, the Defendant, CRISTIAN GULLERMO GARCIA-LOPEZ, 

by and through his undersigned counsel and files these Objections to the Presentence 

Investigation Report. In support, Mr. Garcia-Lopez states as follows: 

 OBJECTIONS 

1. Defendant objects to paragraphs 11 and 19 of the Presentence Investigation 

Report, hereinafter referred to as “PSI.” Mr. Garcia-Lopez seeks a two (2) level minor role 

adjustment/reduction in this case under 3B1.2(b). See Memorandum of Law below. 

2. Defendant objects to paragraph 21 of the PSI. The adjusted offense 

level is 28. 

3. Defendant objects to paragraph 25 of the PSI. The total offense level is 25. 

4. Defendant objects to paragraph 54 of the PSI. Based on a total offense level of 

25 and a criminal history category of I, the guideline imprisonment range is 57 to 71 

months. 

 

Case 1:20-cr-20180-BB Document 55 Entered on FLSD Docket 07/06/2021 Page 1 of 4
5. Defendant seeks a downward variance based on Defendant being a first time 

offender, family needs, conditions suffered during the past 12 months plus of incarceration 

during the Covid-19 pandemic, and the unlikelihood of recidivism. 

MEMORANDUM OF LAW AND REQUEST FOR VARIANCE 

 DEFENDANT IS ENTITLED TO A MINOR ROLE REDUCTION 

 Mr. Garcia-Lopez is a lifetime fisherman since the age of 12. He was a crew 

member on the go-fast vessel. He did not have knowledge of the extent of the conspiracy. 

He did not share in the profits nor did he get paid for his involvement. His duties were not 

important to the conspiracy. He did not have a stake in the success of the venture. See 

United States v. DeVaron, 175 F.3d 930, 943-944 (11th Cir. 1999). 

 A defendant’s offense level is reduced by two points if he or she is less culpable 

than most other participants and thus played a “minor role” in the offense. U.S.S.G. section 

3B1.2(b) and commentary n.3. Whether a defendant is entitled to a reduction is a factspecific inquiry that must be made on a case-by-case basis. See DeVaron at 938. All those 

who could be held criminally responsible for the charged conduct are “participants” 

regardless of whether they were arrested, or convicted. See U.S.S.G. section 3B1.1, 

commentary n.1. 

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 Mr. Garcia-Lopez had no decision-making authority over how and when to move 

the drugs. Mr. Garcia-Lopez had no level of sophistication. His role was that of a crew 

member on the vessel that was transporting the drugs. He recruited no one. See United 

States v. Jones, 933 F.2d 1541, 1547 (11th Cir. 1991); United States v. Delgado, 56 F.3d 

1357, 1371 (11th Cir. 1995); United States v. Brazel, 102 F.3d 1120, 1132-33, 1162-63 

(11th Cir. 1997); United States v. Matthews, 168 F.3d 1234, 1249 (11th Cir. 1999). It is 

quite obvious that Mr. Garcia-Lopez was used to move the drugs so that those more 

significantly involved would not be exposed to other participants and/or risk being 

arrested. 

 An individual who serves as a delivery man or courier is not automatically entitled 

to a minor role adjustment. United States v. Leon, U.S. App. Lexis 15523 (2nd Cir. 2007). 

Nonetheless, couriers in numerous cases have been awarded the two level reduction 

pursuant to U.S.S.G. §3B1.2(b). See United States v. Leon, U.S. App. Lexis 15523 (2nd

Cir. 2007) (granting a two level minor role reduction to a drug courier convicted of 

conspiracy to distribute 100 grams or more of heroin); United States v. Vicari, 228 Fed. 

Appx. 593 (6th Cir. 2007) (wherein a drug courier convicted of conspiracy to distribute 445 

kilograms of marijuana received a two level reduction for his minor role); United States v. 

McNeil, 1998 U.S. App. Lexis 21660 (10th Cir. 1998) (approving a two level reduction for 

a drug courier convicted of conspiracy to distribute 11 kilograms of PCP); United States v. 

Caruth, 930 F. 2d 811 (10th Cir. 1991) (wherein a two level minor role reduction was 

granted to a drug courier convicted of conspiracy to distribute 50 kilograms of marijuana). 

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 In United States v. Cruickshank, 837 F.3d 1182, 1192-95 (11th Cir. 2016), the Court 

addressed Amendments 635 and 794 to the Sentencing Guidelines and the non-exhaustive 

list of factors for the Court to consider in determining whether or not an individual as Mr. 

Garcia-Lopez is deserving of a minimal to minor role adjustment. The evidence, as to Mr. 

Garcia-Lopez, is indicative of the following: (i) he did not understand the scope and 

structure of the criminal activity; (ii) Mr. Garcia-Lopez had no participation in the planning 

or organizing of the criminal activity; (iii) Mr. Garcia-Lopez did not exercise decisionmaking authority or influence the exercise of decision-making authority; (iv) the nature 

and extent of Mr. Garcia-Lopez’s participation is limited to the events of June 1-3, 2020; 

(v) Mr. Garcia-Lopez did not profit/benefit from his criminal activity; and (vi) Mr. GarciaLopez did not have a proprietary interest in the criminal activity. Id. at 1193-1194. 

 Based on all of the above, Mr. Garcia-Lopez is entitled to a minor role reduction. 

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on July 6, 2021, I electronically filed the foregoing 

document/pleading with the Clerk of the Court using CM/ECF. 

 Respectfully submitted, 

MANUEL GONZALEZ, JR., ESQ. 

121 Alhambra Plaza, Suite 1500 

Coral Gables, Florida 33134 

(305) 444-1400 

(305) 938-5009 (FAX) 

Mannylaw7@yahoo.com (E-Mail) 

 BY: _/s/Manuel Gonzalez, Jr.___________ 

MANUEL GONZALEZ, JR., ESQ. 

FLORIDA BAR NO. 397997 

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