United States v. David Breen

103 F.3d 141 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. David BREEN, Defendant-Appellant. No. 96-30167. United States Court of Appeals, Ninth Circuit. Submitted Dec. 2, 1996. * Decided Dec. 6, 1996. Before: SNEED, TROTT and THOMAS, Circuit Judges. 1 MEMORANDUM ** 2 David Breen appeals the district court's denial of his motion for resentencing under the Sentencing Guidelines for his guilty plea conviction of conspiring to manufacture marijuana. Breen contends that Amendment 516 to the Drug Quantity Table of U.S.S.G. § 2D1.1 is retroactive and would require resentencing, and on resentencing he would qualify under the safety valve provision for a reduced sentence. We affirm. 3 In our recent decision in United States v. Mullanix, No. 96-30121, slip op. 14335 (9th Cir. October 30, 1996), we held that where a defendant is sentenced pursuant to the statutorily required minimum, rather than pursuant to a sentencing range,…