Whether an objection that a prior conviction is not a crime of violence and a district court's subsequent analysis of whether it meets the elements clause sufficiently preserves an argument that the prior conviction does not meet that clause

QUESTION PRESENTED FOR REVIEW Ernesto Ordunez’s sentence for was increased because he qualified as a career offender under U.S.S.G. § 4B1.1 That decision ultimately relied on two convictions (1) a 1998 federal conviction for possessing with intent to distribute marihuana; and (2) a 2008 conviction in state court of attempted child abuse in violation of New Mexico Statues § 30-6-1(D). This case presets three issues for review: (1) Whether an objection that a prior conviction is not a crime of violence and a district court’s subsequent analysis of whether it meets the elements clause sufficiently preserves an argument that the prior conviction does not meet that clause; (2) Whether attempted child abuse in New Mexico is a crime of violence; and (3) Whether the definition of a controlled substance for the purpose of the career offender enhancement looks at controlled substances at the time of the sentencing or the time of the previous conviction. i