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United States v. Williams

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Before Boudin, Chief Judge, Selya and Stahl, Senior Circuit Judges.

This appeal requires us to answer for the first time the question of whether the interstate transport of a minor for prostitution in violation of 18 U.S.C. § 2423(a) constitutes a crime of violence within the purview of the career offender provision of the federal sentencing guidelines. See USSG §4B1.2(a). That answer is complicated by a recent Supreme Court decision, which this court has not yet addressed. Working our way through the precedential labyrinth, we conclude that the tawdry and purposeful conduct proscribed by the statute presents a serious potential risk of physical injury to the minor and is sufficiently similar to the types of crimes enumerated in the relevant guideline provision. Accordingly, we respond affirmatively to the question and affirm the sentence imposed below.

We rehearse here only those facts that are essential to an understanding and resolution of the issue on appeal. At this stage of the proceedings, those facts are not genuinely disputed.

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