Vasquez-Villanueva

*374 MEMORANDUM **

Jose Antonio Vasquez-Villanueva appeals his sentence of 12 months and one day followed by 3 years of supervised imposed following a guilty-plea conviction for being a deported alien found in the United States in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Vasquez contends that the district court exceeded the statutory maximum term of supervised release because his prior conviction for possession of a controlled substance in violation of California Health and Safety Code § 11377(a) was not an “aggravated felony” under U.S.S.G. § 2L1.2(b)(l)(C). Section 11377(a) is a “wobbler” statute that imposes alternative maximum penalties: transgressors “shall be punished by imprisonment in a county jail for a period of not more than one year or in the state prison.” Vasquez alleges that after he violated his probation, the state court converted his § 11377 felony offense into a misdemeanor by “revoking” probation and imposing a ninety-day sentence in county jail. See Cal Penal Code § 17(b)(1); Ferreira v. Ashcroft, 382 F.3d 1045, 1051 (9th Cir.2004).

The record shows, however, that the state court suspended Vasquez’s…