United States of America v. Juan Manuel Perez

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
JUAN MANUEL PEREZ,
Defendant-Appellant.
No. 16-10540
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
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).
FILED
MAY 29 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 16-10540
§ 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.

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