Anderson

MEMORANDUM *

Arthur Lee Anderson III appeals from his sentence in which the district court applied a two-level sentence enhancement for “use of a minor.” U.S. Sentencing Guidelines Manual § 3B1.4 (2004). We vacate the sentence and remand for resentencing.

The district court’s application of the facts to the Sentencing Guidelines is reviewed for an abuse of discretion. United States v. Kimbrew, 406 F.3d 1149, 1151 (9th Cir.2005). “The abuse-of-discretion standard includes review to determine that the discretion was not guided by erroneous legal conclusions.” Koon v. United States, 518 U.S. 81, 100 , 116 S.Ct. 2035 , 135 L.Ed.2d 392 (1996).

There is apparently a division among the circuits regarding the level of involvement required for the sentence enhancement under section 3B1.4 of the Sentencing Guidelines to apply. The Second and Seventh Circuits have adopted what some have described as a “strict liability” approach, wherein the participation of a minor in the offense in any way is enough to trigger the *173 enhancement. For example, in United States v. Gaskin, 364 F.3d 438, 465 (2d Cir.2004), the court stated that “if the evidence supported a conclusion that Gas-kin brought…