Larson

MEMORANDUM **

Randy Ray Larson appeals his 46-month sentence imposed under the U.S. Sentencing Guidelines after Larson pleaded guilty to violating 18 U.S.C. § 922 (g)(1) for possession of a firearm by a prohibited person. Larson contends the district court erred in relying solely on the Presentence Report (PSR) to increase his base sentence under U.S.S.G. § 2K2.1(a)(4)(A) (prior “crime of violence”) for a 1989 conviction in Utah for “unlawful sexual intercourse.” He asserts that his prior conviction under Utah Code § 76-5-401 was not necessarily a crime of violence for purposes of the guidelines. He also argues the district court erred in determining he did not use a firearm solely for lawful sporting purposes under U.S.S.G. § 2K2.1(b)(2). We have jurisdiction under 28 U.S.C. § 1291 , and affirm the district court’s application of the guidelines but remand for resentencing under United States v. Ameline, 409 F.3d 1073 (9th Cir. 2005) (en banc).

‘We review de novo a district court’s interpretation of the Sentencing Guidelines.” United States v. Asberry, 394 F.3d 712 , 715 n. 3 (9th Cir.2005) (citations omitted). The court’s conclusion that a prior conviction may be used for…