Madrid

MEMORANDUM *

Madrid appeals the district court’s finding that his conduct in violation of California Penal Code § 245(a)(1) is punishable as a felony and therefore constitutes a Grade A violation of his supervised release. We affirm. Because the facts are familiar to the parties, we recount them only as necessary to explain our decision.

1. Conduct may be properly characterized as a Grade A violation where two elements are met: the conduct must be a “crime of violence” and must be “punishable” as a felony. U.S.S.G. § 7Bl.l(a)(l). Madrid conceded that his conduct constitutes a violation of his supervised release. He further conceded that his conduct constitutes a “crime of violence” within the meaning of § 4B1.2(a)(l) of the United States Sentencing Guidelines. See also U.S.S.G. § 7B1.1, emt. n. 2.

The district court did not abuse its discretion in determining that Madrid’s conduct is punishable as a felony § 245(a)(1) violation. The court properly evaluated Madrid’s actual conduct rather than relying upon his misdemeanor § 245(a)(1) conviction in coming to this conclusion. See U.S.S.G. § 7B1.1, cmt. n. 1; see also United States v. Jolibois, 294 F.3d 1110, 1114 (9th Cir.2002)…