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United States v. Perez

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
May 29, 2019
No. 16-10540 (9th Cir. May. 29, 2019)

Opinion

No. 16-10540

05-29-2019

UNITED STATES OF AMERICA, Plaintiff-Appellee, v. JUAN MANUEL PEREZ, Defendant-Appellant.


NOT FOR PUBLICATION

D.C. No. 1:13-cr-00238-LJO-SKO-1 MEMORANDUM Appeal from the United States District Court for the Eastern District of California
Lawrence J. O'Neill, 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.

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.


Summaries of

United States v. Perez

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
May 29, 2019
No. 16-10540 (9th Cir. May. 29, 2019)
Case details for

United States v. Perez

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff-Appellee, v. JUAN MANUEL PEREZ…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: May 29, 2019

Citations

No. 16-10540 (9th Cir. May. 29, 2019)