UNITED STATES v. PEREZ (2019)

MEMORANDUM **

Juan Manuel Perez appeals from the district court’s judgment and challenges the 100-month concurrent sentences imposed on remand following his jury-trial convictions for possession of an illegal firearm, in violation of 26 U.S.C. § 5861(d), and being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Perez contends that the district court erred in concluding that his two prior convictions for assault with a deadly weapon in violation of California Penal Code § 245(a)(1) are categorical crimes of violence under U.S.S.G. §§ 2K2.1(a)(1) and 4B1.2(a)(1). Perez’s argument is foreclosed by United States v. Vasquez-Gonzalez, 901 F.3d 1060, 1065-68 (9th Cir. 2018), which was decided after briefing in this case was complete. In Vasquez-Gonzalez, this court held that section 245(a)(1) is a categorical crime of violence under 18 U.S.C. § 16(a), which is materially identical to § 4B1.2(a)(1). See id. at 1068; see also United States v. Werle, 877 F.3d 879, 883-84 (9th Cir. 2017) (stating that the language of § 16(a) “largely mirrors” the language of § 4B1.2(a)(1)). Accordingly, Vasquez-Gonzalez controls here and the district court did not err in concluding that Perez’s prior convictions for assault with a deadly weapon in violation of section 245(a)(1) are categorical crimes of violence.

AFFIRMED.