English

MEMORANDUM **

Chad Allen English appeals the 24-month sentence imposed after revocation of his supervised release. We have jurisdiction under 28 U.S.C. § 1291 , and we vacate and remand for resentencing.

English contends that the district court erred by concluding that he committed a Grade A violation of his supervised release under U.S.S.G. § 7B1.1 (policy statement). Specifically, English contends that the sentencing court erred in concluding that English’s violation conduct constituted a felony battery. We agree.

In United States v. Corona-Sanchez, 291 F.3d 1201, 1208-11 (9th Cir.2002) (en banc), we held that sentencing courts should not consider recidivist enhancements in determining whether a state-law prior conviction is a felony. Therefore, to the extent that the district court in this case concluded that English had committed a felony battery because it was a third-time offense, that conclusion provided an invalid basis for determining that English’s conduct constituted a Grade A violation. See id.

*95 Appellee contends that the district court’s characterization of English’s prior conviction as a felony was permissible because, under Nev.Rev.Stat. § 200.481(f), a…