United States of America, Plaintiff-appellee, v. Salvador P. Martinez, Jr., Defendant-appellant, 107 F.3d 18 (9th Cir. 1997)Annotate this Case
Before: CANBY, HAWKINS and TASHIMA, Circuit Judges.
Salvador P. Martinez, Jr. appeals pro se his sentence under the Sentencing Guidelines for his guilty plea conviction to mailing a threat to destroy a building in violation of 18 U.S.C. § 844(e). Martinez contends that the district court erred in calculating his criminal history score, because the court used his pre-guidelines convictions in violation of the ex post facto clause. This argument is without merit. Statutes, such as the Sentencing Guidelines, that enhance punishment for present offenses because of prior criminal convictions do not violate the ex post facto clause, even if the convictions occurred before enactment of the statute. See Gryger v. Burke, 334 U.S. 728, 732 (1948); United States v. Ahumada-Avalos, 875 F.2d 681, 684 (9th Cir. 1989).