United States v. Russ Attridge Systad

103 F.3d 143 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Russ Attridge SYSTAD, Defendant-Appellant. No. 96-35060. United States Court of Appeals, Ninth Circuit. Submitted Nov. 5, 1996. * Decided Nov. 7, 1996. Before: PREGERSON, REINHARDT, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Russ Attridge Systad, a federal prisoner, appeals pro se the district court's denial of his 18 U.S.C. § 3582 (c)(2) motion to modify his sentence following his conviction for manufacturing over 100 marijuana plants in violation of 21 U.S.C. § 841 (a)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291 , 1 and we affirm. 3 Systad contends that the district court erred by failing to apply Amendment 516 of the Sentencing Guidelines retroactively. Systad, however, was sentenced to sixty months imprisonment which is the mandatory minimum sentence under 21 U.S.C. § 841 (b)(1)(B). 2 Accordingly, we agree with the district…