United States v. Douglas Henry Carson

Douglas Henry Carson pleaded guilty to one count of bank robbery in violation of 18 U.S.C. § 2113 (a) (1988), and now challenges the calculation of his criminal history score and the constitutionality of his sentence under the United States Sentencing Guidelines (“U.S.S.G.”). Specifically, Carson alleges sections 4A1.1 and 4A1.2 of the guidelines violate the Ex Post Facto Clause, equal protection, and due process. These guideline sections provide that sentences imposed prior in time to sentencing for the instant offense be included in the defendant’s criminal history, even if such sentences were imposed for illegal conduct occurring after the instant offense was committed. The district court had jurisdiction under 18 U.S.C. § 3231 (1988). Notice of appeal was timely filed. Fed.R.App.P. 4(b). We have jurisdiction under 28 U.S.C. § 1291 (1988). We affirm.

1. Calculation of Criminal History Score

Application of the Sentencing Guidelines is reviewed de novo. United States v. Kohl, 972 F.2d 294, 297 (9th Cir.1992). A district court’s determination that a prior sentence falls within the scope of the guidelines is also reviewed de novo. United States v. Hoy, 932 F.2d 1343, 1344 (9th…