NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAY 29 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 16-10540
Plaintiff-Appellee, D.C. No.
1:13-cr-00238-LJO-SKO-1
v.
JUAN MANUEL PEREZ, MEMORANDUM*
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