Cal. 288(a) Viol. Is Crime of Violence

US v. Teeples, no. 03-30307 (9th Cir., Jan. 5, 2006): In this per curiam decision following a Booker remand from the US Supreme Court, the Ninth Circuit held that the defendant's prior convictions for lewd and lascivious acts on a minor (Cal. Pen. Code sec. 288(a)) constituted crimes of violence under U.S.S.G. § 4B1.2. The Court, however, remanded the case under Ameline for the limited purpose of reconsidering the sentence under the  discretionary guidelines (the court ordered the parties to notify the court if either wants to pursue an Ameline remand).