USA V. JUAN PEREZ, No. 16-10540 (9th Cir. 2019)
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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED MAY 29 2019 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, U.S. COURT OF APPEALS No. 16-10540 D.C. No. 1:13-cr-00238-LJO-SKO-1 v. MEMORANDUM* JUAN MANUEL PEREZ, Defendant-Appellant. Appeal from the United States District Court for the Eastern District of California Lawrence J. O’Neill, District Judge, Presiding Submitted May 21, 2019** Before: THOMAS, Chief Judge, FRIEDLAND and BENNETT, Circuit Judges. 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. * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). § 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. 2 16-10540
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