NOT FOR PUBLICATION FILED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