Weicks

MEMORANDUM

Appellant, Mario Weicks, appeals his conviction of two counts of transporting a minor with intent that she engage in prostitution, 18 U.S.C. § 2423 (a), two counts of traveling in interstate commerce for the purpose of engaging in sex with a minor, 18 U.S.C. § 2423 (b), one count of possessing a firearm as a convicted felon, 18 U.S.C. § 922 (g)(1), and one count of possessing a firearm in furtherance of a crime of violence, 18 U.S.C. § 924 (c). He was sentenced to 360 months imprisonment plus ten years of supervised release. We affirm Weicks’ conviction but remand to the district court for resentencing.

I

Under U.S. Sentencing Guidelines (“Guidelines”) § 4B1.1, a defendant is treated as a career offender if, among other things, “the defendant has at least two prior felony convictions of either a crime of violence or a controlled substance offense.” U.S. Sentencing Guidelines § 4B1.1 (2005). Here, the district court applied the career offender provision, which mandated a Guidelines sentencing range of 360 months to life because one of Weicks’ convictions was for violation of 18 U.S.C. § 924 (c). Absent application of the career offender provision, Weicks’ Guidelines…