Culps

MEMORANDUM **

Culps pled guilty to unlawful possession of a firearm by a felon, in violation of 18 U.S.C. § 922 (g)(1). He appeals his sentence of fifty seven months imprisonment, followed by three years of supervised release.

Under the modified categorical approach, Culps’ conviction for third degree assault is a “crime of violence” within the meaning of U.S.S.G. § 2K2.1(a)(4). See Wash. Rev.Code § 9A.36.031(l)(g). Culps is correct that the Washington statute is categorically overbroad. United States v. Sandoval, 390 F.3d 1077, 1081 (9th Cir.2004). In this case, however, the record of conviction establishes that Culps pushed an officer, “actively” (and successfully) resisted two officers when they tried to wrestle him to the ground, grabbed an officer’s gun, and tried to pull it out of the holster. The district court reasonably concluded that the amount of force Culps was using and threatening to use, was not de minimis, instead involving “substantial physical force” and a “serious[] risk [of] physical injury” to the deputy sheriff. Id.; see also Suazo Perez v. Mukasey, 512 F.3d 1222, 1225-26 (9th Cir.2008). The district court permissibly examined the police report to determine…