United States v. David Ray Teeples

This matter is before us after the United States Supreme Court vacated our earlier memorandum disposition and remanded for further consideration in light of its recent opinion in United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005). In this appeal, David Ray Teeples challenges the district court’s determination that, on the basis of his two prior convictions for lewd and lascivious acts with a child under fourteen, he is a career offender under the U.S. Sentencing Guidelines, (“Guidelines”), U.S.S.G. § 4B1.1 (2003). Teeples argues that the district court erred in holding that his convictions under Cal.Penal Code § 288(a) (2004) are crimes of violence under U.S.S.G. § 4B1.2 (2004).

Upon further consideration, after Booker , we conclude as we did earlier, that the district court correctly determined that Teeples’s conviction was in fact a crime of violence. We have previously held that “anytime an adult engages in sexual contact with a four year old child, there is always a serious potential risk of physical injury and ‘there is always a substantial risk that physical force will be used to ensure the child’s compliance.’ ” U.S. v. Wood, 52 F.3d 272, 275…