Gomez

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 23-435 D.C. No. Plaintiff - Appellee, 8:20-cr-00171- v.

JVS-FWS-

JESUS RAMIRO GOMEZ, AKA

Hunter, OPINION

Defendant - Appellant.

Appeal from the United States District Court for the Central District of California James V. Selna, District Judge, Presiding

Argued and Submitted March 5, 2024 Pasadena, California

Filed September 4, 2024

Before: Holly A. Thomas and Roopali H. Desai, Circuit Judges, and James Alan Soto, District Judge. *

Opinion by Judge Desai; Concurrence by Judge Soto

* The Honorable James Alan Soto, United States District Judge for the District of Arizona, sitting by designation. SUMMARY **

Criminal Law

The panel vacated a sentence and remanded for resentencing in a case in which the district court applied a career offender enhancement under U.S.S.G. § 4B1.1 on the ground that Gomez’s prior conviction for assault with a deadly weapon under California Penal Code § 245(a)(1) was a “crime of violence.” To satisfy the elements clause of the career offender guideline,…