United States v. James Lonczak

James Lonczak appeals his 120-month sentence imposed following his guilty plea to two counts of arson on the public domain, in violation of 18 U.S.C. § 1855 (1988). Lonc-zak contends the district court erred by sentencing him as a career offender under United States Sentencing Guidelines (“U.S.S.G.”) §§ 4B1.1 and 4B1.2 (Nov. 1989). He argues that his prior felony conviction on June 7, 1965 for child stealing, in violation of California Penal Code § 278 (1901 Cal.Stat. Ch. 106 § 1) (repealed 1976), was not a “crime of violence.” We have jurisdiction under 28 U.S.C. § 1291 (1988) and 18 U.S.C. § 3742 (1988), and we affirm.

The district court’s determination that Lonczak is a career offender requires an interpretation of the guidelines, and is therefore reviewed de novo. United States v. Becker, 919 F.2d 568, 570 (9th Cir.1990), cert. denied, — U.S. -, 111 S.Ct. 1118 , 113 L.Ed.2d 226 (1991).

Under the guidelines in effect at Lonczak’s sentencing on December 18, 1989, “crime of violence” is defined as follows:

U.S.S.G. § 4B1.2(l)(i) & (ii) (Nov. 1989).

At the time of Lonczak’s 1965 conviction for child stealing, California Penal Code § 278 provided:

Cal.Penal Code § 278 (1901…