Luna

*135 MEMORANDUM *

Raymond Luna pled guilty to violating 18 U.S.C. §§ 922 (g)(1) and 924(a)(2), felon in possession of an illegal firearm. He appeals the calculation of the base offense level, arguing that the district court erroneously counted a prior conviction under California Penal Code §§ 182 and 245(a)(2) as a “prior felony conviction,” when calculating the base offense level under the Sentencing Guidelines. See U.S.S.G. § 2K2.1(a)(4)(A) (2003). We conclude that the district court properly calculated the base offense level, but vacate the sentence on other grounds and remand for resentencing.

Luna’s prior conviction was an adult conviction for more than one year and one month and therefore was appropriately considered by the district court. U.S.S.G. §§ 2K2.1, cmt. n. 15; 4Al.l(a); 4A1.2(d) (2003). Although Luna was a minor when he was previously convicted, he was sentenced as an adult to two years in state prison. The judge allowed him to serve that sentence in the custody of the California Youth Authority, noting on the Abstract of Judgment that Luna was “to be housed at C.Y.A. per Section 1731.5(e)W.I.C.” See Cal. Welf. & Inst. Code § 1731.5 (c) (providing that a court…