U.S. v. Martinez

Full title: UNITED STATES of America, Plaintiff-Appellee, v. Rick MARTINEZ…

Court: United States Court of Appeals, Ninth Circuit

Date published: Jan 21, 1999

172 F.3d 60 (9th Cir. 1999)

Opinion

172 F.3d 60 (9th Cir. 1999) UNITED STATES of America, Plaintiff-Appellee, v. Rick MARTINEZ, Defendant-Appellant. No. 96-36243. No. CV-96-00135-JDS United States Court of Appeals, Ninth Circuit January 21, 1999

Submitted January 19, 1999 ²

2 The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a).

Editorial Note:

This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA9 Rule 36-3 regarding use of unpublished opinions)

Appeal from the United States District Court for the District of Montana Jack D. Shanstrom, District Judge, Presiding.

Before BEEZER, KLEINFELD, and HAWKINS, Circuit Judges.

MEMORANDUM ¹

1 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by 9th Cir. R. 36-3.

Federal prisoner Rick Martinez appeals pro se the district court's denial of his 18 U.S.C. § 3582(c) motion to modify his 78-month sentence for conspiracy to manufacture, distribute, and possess with intent to distribute marijuana. He asked the district court to lower his sentence under Amendment 516 of the Sentencing Guidelines, which retroactively reduced the marijuana plant equivalency ratio from one kilogram per plant to one hundred grams per plant. See U.S.S.G. § 2D1.1(c).

We affirm because Amendment 516 did not lower Martinez's sentencing range. The conspiracy to which Martinez pleaded guilty involved more than 400 kilograms of marijuana without considering the converted weight of the marijuana plants.

AFFIRMED.