107 F3d 18 United States v. P Martinez
107 F.3d 18
UNITED STATES of America, Plaintiff-Appellee,
Salvador P. MARTINEZ, Jr., Defendant-Appellant.
United States Court of Appeals, Ninth Circuit.
Submitted Feb. 5, 1997.*
Decided Feb. 7, 1997.
NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.
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).