United States of America, Plaintiff-appellee, v. Salvador P. Martinez, Jr., Defendant-appellant, 107 F.3d 18 (9th Cir. 1997)

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U.S. Court of Appeals for the Ninth Circuit - 107 F.3d 18 (9th Cir. 1997) Submitted Feb. 5, 1997. *Decided Feb. 7, 1997

Before: CANBY, HAWKINS and TASHIMA, Circuit Judges.


MEMORANDUM** 

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).

AFFIRMED.

 *

The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); 9th Cir.R. 34-4

 **

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