Opinion
No. 07-10056.
The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed January 28, 2008.
Amber M. Craig, Esq., USLV-Office of the U.S. Attorney, Las Vegas, NV, for Plaintiff-Appellee.
Jason F. Carr, Esq., Federal Public Defender's Office, Las Vegas, NV, for Defendant-Appellant.
Appeal from the United States District Court for the District of Nevada, Lloyd D. George, District Judge, Presiding. D.C. No. CR-06-00117-LDG.
Before: HALL, O'SCANNLAIN, and PAEZ, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Jessie Maldonado appeals from the 180-month sentence imposed following his guilty-plea conviction for being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1), and § 924(a)(2), and enhanced by 18 U.S.C. § 924(e). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Maldonado contends that the district court erred in determining that his 1988 conviction under California Penal Code § 12020(a) for possession of a sawed-off rifle qualified as a violent felony for purposes of the Armed Career Criminal Act ("ACCA") sentencing enhancement provision contained in 18 U.S.C. § 924(e). This contention is foreclosed by United States v. Delaney, 427 F.3d 1224, 1226 (9th Cir. 2005) (holding that a conviction under California Penal Code § 12020(a) for possession of a short-barreled shotgun categorically constitutes a predicate crime of violence for purposes of sentencing enhancements under the ACCA).