United States v. Sanchez
United States v. Sanchez
Opinion of the Court
MEMORANDUM OPINION AND ORDER
In response to the government’s notice to defendant regarding minimum penalty, defendant Carlos Sanchez has filed a motion to strike. For the reasons noted below, we deny Sanchez’s motion to strike. The government has provided notice that it intends to seek application of the sentence enhancement provisions of 18 U.S.C.App. § 1202(a)(1) for Sanchez’s violation of that section. Section 1202’s enhancement provision mandates a fifteen year penalty if the defendant previously had been convicted of robbery or burglary three times prior to the violation of § 1202. Sanchez does not dispute in their motion that he has four prior convictions for armed robbery but contends that application of the enhanced penalty provision violates the ex post facto clause of the Constitution, U.S. Const. art. I, § 9, cl. 3, because it is based on four convictions which occurred prior to the enactment of § 1202 in the Armed Career Criminal Act of 1984, Pub.L. No. 98-473, title II, §§ 1802, 1803, Oct. 12, 1984, 98 Stat. 2185. We disagree. The enhanced sentencing provision of § 1202 is imposed neither for the prior crimes nor for Sanchez’s status as an armed career criminal, but rather “a stiffened penalty for the latest crime, which is considered to be an aggravated offense.” Gryger v. Burke, 334 U.S. 728, 732, 68 S.Ct. 1256, 1258, 92 L.Ed. 1683 (1948). “Thus, an habitual criminal who receives an enhanced sentence pursuant to an habitual offender statute does not receive additional punishment for his previous offenses, or punishment for his recidivist status as such, but rather receives a more severe punishment for his most recent felonious offense.” Baker v.
Reference
- Full Case Name
- United States v. Carlos SANCHEZ, also known as William F. Cruz, William Cruz, Carlos H. Meza, Carlos Meza
- Status
- Published