UNITED STATES v. HARTMAN (2019)

MEMORANDUM **

Jesse David Hartman appeals from the district court’s judgment and challenges the 63-month sentence imposed following his guilty-plea conviction for being a felon in possession of firearms and ammunition, in violation of 18 U.S.C. § 922(g)(1). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Hartman contends that the district court erred in determining that his prior conviction for assault with a deadly weapon in violation of California Penal Code § 245(a)(1) is a categorical crime of violence under U.S.S.G. §§ 2K2.1(a)(4)(A) and 4B1.2(a)(1). Hartman’s argument is foreclosed by United States v. Vasquez-Gonzalez, 901 F.3d 1060, 1065-68 (9th Cir. 2018), which was decided after the 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 determining that Hartman’s prior assault conviction is a categorical crime of violence.

AFFIRMED.