Opinion
No. 16-10439
05-29-2019
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. JESSE DAVID HARTMAN, Defendant-Appellant.
NOT FOR PUBLICATION
D.C. No. 4:16-cr-00153-HSG-1 MEMORANDUM Appeal from the United States District Court for the Northern District of California
Haywood S. Gilliam, Jr., District Judge, Presiding Before: THOMAS, Chief Judge, FRIEDLAND and BENNETT, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
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.