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U.S. v. STOCKDALE

No. 96-30199.

129 F.3d 1066 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Martin Templeton STOCKDALE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided November 20, 1997.

Attorney(s) appearing for the Case

F. de la Puente Allen, Salem, OR, for Defendant-Appellant.

Pamela Watkins (Argued), and Johnathan S. Haub (On the Briefs), Assistant United States Attorneys, Portland, OR, for Plaintiff-Appellee.

Before: CANBY, T.G. NELSON, and KLEINFELD, Circuit Judges.

KLEINFELD, Circuit Judge:

We deal here with a retroactivity issue involving the sentencing guidelines and the "safety valve" statute for avoiding statutory minimum sentences.

Stockdale was sentenced to 121 months imprisonment for various marijuana crimes. The crimes involved 1,738 plants, which were treated as equivalent to 1,738 kilograms under the then-controlling provision. U.S.S.G. § 2D1.1(c) (1991). Stockdale's adjusted offense level of 32 and criminal...

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