Schlake

MEMORANDUM **

The United States appeals the pre-Booker imposition of a 60-month statutory minimum sentence for attempted child enticement. Schlake cross-appeals, challenging the imposition of a life term of supervised release. As the parties are familiar with the facts of the case, we need not recite them here.

STANDARD OF REVIEW

Questions of law, including the district court’s interpretation of the Guidelines, are reviewed de novo. United States v. Ramirez, 347 F.3d 792, 797 (9th Cir.2003).

ANALYSIS

1. Calculation of the Guidelines Range

The government argues that the district court erred in refusing to enhance Schlake’s sentence pursuant to USSG § 4B1.5, “Repeat and Dangerous Sex Offender against Minors.” The government asserts that the 4B1.5 enhancement applies because Schlake was previously convicted under state law of an offense equivalent to having “knowingly persuade[d], induce[d], entiee[d], or coerce[d] any individual who has not attained the age of 18 years, to engage in prostitution or any sexual activity for which any person can be charged with a criminal offense, or attempted] to do so.” 18 U.S.C. § 2422 (b); see USSG § 4B1.5(a) & cmt. 3(A)(ii)(l); 18 U.S.C. §…