United States v. Gieswein

LUCERO, Circuit Judge.

*1056 Shawn Gieswein appeals his sentence pursuant to convictions for witness tampering and possession of a firearm as a felon. We agree with Gieswein that the district court erred in applying a circumstance-specific approach to determine that his prior conviction for lewd molestation in Oklahoma state court qualified as a "forcible sex offense" and thus a "crime of violence" under the Sentencing Guidelines. Recent changes to the Guidelines have not abrogated our prior decisions holding that the categorical approach applies in determining whether a conviction qualifies as a…