Carrion

MEMORANDUM **

Daniel Carrion pleaded guilty to one count of being a felon in possession of a firearm, 18 U.S.C. § 922 (g), and one count for forfeiture of the firearm. He preserved the right to appeal his sentence if the court sentenced him as an armed career criminal. The court did so sentence him, relying in part on a 1993 conviction on a guilty plea to a count of assault with a deadly weapon, not a firearm, or by any means likely to produce great bodily injury, on a peace officer or firefighter, Cal. Penal. Code 245(c). Carrion contends that the crime of assault with a deadly weapon, not a firearm, or by any means likely to produce great bodily injury, on a peace officer, Cal.Penal Code § 245(c), is not a violent felony within the meaning of the Armed Career Criminal Act, 18 U.S.C. *615 § 924 (e), and so cannot be a predicate conviction making him an armed career criminal. We affirm.

The parties agree that Carrion did not object in the district court on the ground now presented, so we review for plain error. We may reverse only if there is (1) . error (2) that is plain and (3) affects substantial rights. United States v. Olano, 507 U.S. 725, 732 , 113 S.Ct. 1770 , 123 L.Ed.2d…