United States v. Gerald Thomas Schram, (Three Cases)

Gerald Thomas Schram appeals his sentence, which was imposed following the revocation of his supervised release. Schram argues that his sentence was imposed in violation of the Ex Post Facto Clause, U.S. Const, art. I, § 9, cl. 3. We have jurisdiction pursuant to 28 U.S.C. § 1291 (1988). We affirm.

I.

On April 11, 1988, Schram pled guilty to one count of unarmed bank robbery. 18 U.S.C. § 2113 (a) (1988). He was sentenced to 37 months imprisonment and three years of supervised release. During his term of supervised release, Schram committed bank robberies in Idaho and Oregon. In connection with those offenses, Schram pled guilty to two counts of unarmed bank robbery and was sentenced, as a career offender, to two 170-month concurrent terms of incarceration.

Following Schram’s guilty pleas to the new charges, the district court revoked Schram’s supervised release and committed him to the custody of the Bureau of Prisons for an 18-month term to run consecutively to the 170-month sentences. The district court applied the policy statements contained in Chapter 7 of the 1990 Sentencing Guidelines, even though those policy statements did not become effective until after Schram had…