United States of America, Plaintiff-appellee, v. Donald W. Osborne, Defendant-appellant, 103 F.3d 143 (9th Cir. 1996)

MEMORANDUM^** 

Donald W. Osborne, a federal prisoner, appeals pro se the district court's denial of his motion pursuant to 18 U.S.C. § 3582(c) to reduce the sentence imposed on February 4, 1994 following Osborne's guilty plea to conspiracy to manufacture 100 or more marijuana plants in violation of 21 U.S.C. §§ 846, 841(a) (1), and 841(b) (1) (B).

Osborne contends that he is entitled to resentencing in light of Amendment 516 to the Sentencing Guidelines, which changed the weight to be assigned to marijuana plants and which applies retroactively. Osborne, who was sentenced to the sixty-month statutory minimum, asserts that he would be entitled at resentencing to a term below the statutory minimum pursuant to the safety valve statute (18 U.S.C. § 3553(f)), which was not in effect at the time he was originally sentenced.

This argument is precluded by our recent decision in United States v. Mullanix, No. 96-30121, slip op. 14335 (Oct. 30, 1996).

AFFIRMED.