UNITED STATES of America, Plaintiff-Appellee, v. Ronnie G. MULLANIX, Defendant-Appellant

Good Law
96 Daily Journal DAR 13169·99 F.3d 323·1996 WL 625758·1996 U.S. App. LEXIS 28064·96 Cal. Daily Op. Serv. 7921
United States Court of Appeals for the Ninth CircuitOctober 30, 199696-30121California575 words

Opinion

Opinion

Nelson, J.

INTRODUCTION

Defendant Ronnie G. Mullanix appeals the district court’s denial of his motion for resen-tencing. We have jurisdiction pursuant to 18 U.S.C. § 1291 , and we affirm.

FACTS AND PROCEDURAL HISTORY

Ronnie G. Mullanix pleaded guilty to manufacturing marijuana in violation of 28 U.S.C. § 841 (a)(1). On February 14,1994, Mullanix was sentenced to a mandatory minimum term of sixty months based on his conviction of growing more than 100 marijuana plants.

Because the resolution of Mullanix’s claims depends upon the chronology of certain events happening after his conviction, we set out those dates here. On February 14,1994, Mullanix was sentenced to a mandatory minimum sixty-month .sentence. On September 23, 1994, 18 U.S.C. § 3553 (f), the “safety valve” provision, became effective, allowing the district court to impose a sentence below the statutory minimum in certain circumstances. On November 1, 1995, Amendment 516 to the Drug Quantity Table of. U.S.S.G. § 2D1.1 became effective, revising Note E to reduce the marijuana plant equivalent from one kilogram to 100 grams of marijuana. On March 11, 1996, Mullanix moved for reduction of his sentence under 18 U.S.C. § 3582

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