Serna

Facts

Serna pleaded guilty to being a felon in possession of a firearm. See 18 U.S.C. § 922(g)(1). It wasn’t the first time Serna had illegally possessed a firearm—he had previously pleaded guilty to violating California Penal Code § 12280(b), which outlaws possession of “assault weapons.”1 The district court concluded that Serna’s state-court conviction was a “crime of violence.” See U.S.S.G. § 2K2.1(a)(4)(A).2 This finding had the effect of increasing the sentencing range for Serna’s federal conviction from 27-33 months to 46-57 months. The district court gave Serna a 46 month sentence, and Serna appeals.

Analysis

[1] Section 4B1.2(a) of the Sentencing Guidelines defines “crime of violence” as “any offense under federal or state law, punishable by imprisonment for a term exceeding one year, that . . . has as an element the use, attempted use, or threat- ened use of physical force against the person of another, or . . . involves conduct that presents a serious potential risk of physical injury to another.” (emphasis added). California pun- ishes felony possession of an assault weapon by imprisonment for a term exceeding one year. See Cal. Penal Code § 12280(b); In re Jorge M.,…