Mathews

FACTS

Richard Mathews had a grudge against James Rivera, a motorcycle gang leader who had kicked Mathews out of the gang. For that reason, Mathews and an accomplice decided to build a bomb packed with steel balls (to increase the risk of personal injury), and to plant it next to the rented house of Rivera and his girlfriend. While collecting cans in the alley by the residence, James Wilson picked up the box containing the bomb and was severely injured when it exploded. The explosion also damaged the residence and created a risk of serious injury to the two occupants. Mathews was convicted of six federal offenses and his convictions were affirmed on his prior appeal. See United States v. Mathews, 36 F.3d 821 (9th Cir. 1994). His sentence was vacated, however, and the case was remanded for resentencing. On remand, the district court imposed a term of 151 months on count 2 for violation of 18 U.S.C. §§ 2 and 844(1) (the bombing count), and 360 months, consecutive, on count 3 for violation of 18 U.S.C. §§ 2 and 924(c) (the firearm count). The 60-month sentences imposed on the remaining counts were concurrent and have not been challenged. Mathews appeals from the sentence on count…