The following excerpt is from Grice v. Borg, 12 F.3d 1106 (9th Cir. 1993):
A law violates the ex post facto clause only if it (1) punishes as criminal an act that was not criminal when it was committed, (2) makes the punishment for a crime greater than when the crime was committed, or (3) deprives a person of a defense available at the time the crime was committed. Collins v. Youngblood, 497 U.S. 37, 52 (1990).
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