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

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. § 2Dl.l(e) (1991). Stockdale’s adjusted offense level of 32 and criminal history category I gave him a guideline sentencing range of 121 to 151 months. There was a ten-year statutory mandatory minimum sentence.…