Tenth Rejects Minor Participant Adjustment for Drug Couriers

The Tenth Circuit in United States v. Martinez upheld the district court's denial of a mitigating role adjustment under 3B1.2, noting that a defendant must be substantially less culpable than the average participant. The Tenth rejected the defendant's assertion that he was less culpable because he was only a courier or drug mule, observing that the mere fact that one is a courier is insufficient to establish his status as a minor participant.

In just about the only helpful dicta in the decision, the panel did indicate that the defendant was by no means categorically precluded from a minor participant reduction, remarking that "[o]ur holding merely reaffirms that a defendant does not deserve an adjustment based solely on his status as a drug courier."