United States v. Frederick Allen Gruber

990 F.2d 1262 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Frederick Allen GRUBER, Defendant-Appellant. No. 90-50138. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 3, 1992. Decided March 18, 1993. Before BEEZER, KOZINSKI and KLEINFELD, Circuit Judges. 1 MEMORANDUM * 2 Gruber appeals his conviction and sentence for carrying a firearm during and in relation to a crime of violence. 18 U.S.C. § 924 (c). 3 A. Gruber sought to challenge the validity of two prior convictions used to calculate his sentence. Under the Guidelines in effect at the time he was sentenced, "[c]onvictions which the defendant shows to have been constitutionally invalid may not be counted in the criminal history score." U.S.S.G. § 4A1.2 app. note 6 (1989). 1 Gruber's counsel, appointed under the CJA, requested authorization for expenditures pursuant to 18 U.S.C. § 3006A(e) to obtain the transcripts of Gruber's…