United States v. Mark Allen Domitrovich

95 F.3d 1159 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Mark Allen DOMITROVICH, Defendant-Appellant. No. 96-35109. United States Court of Appeals, Ninth Circuit. Submitted Aug. 12, 1996. * Decided Aug. 26, 1996. Before: BROWNING, SCHROEDER, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Mark Allen Domitrovich appeals pro se the district court's denial of his 18 U.S.C. § 3582 (c)(2) motion to modify his sentence. Domitrovich contends that the district court erroneously determined that Amendment 516 of the Sentencing Guidelines did not reduce his sentence. We have jurisdiction under 28 U.S.C. § 1291 . We review for an abuse of discretion, see United States v. Cueto, 9 F.3d 1438, 1440-41 (9th Cir.1993), and affirm. 3 At his original sentencing, Domitrovich's Guidelines range was 57-71 months, but he was subject to a mandatory minimum sentence of 60 months because he was growing more than 100 marijuana plants. See…