Boam

MEMORANDUM **

Patrick Thomas Boam (“Boam”) appeals his ninety-month sentence for stealing fourteen firearms from a licensed firearms dealer in violation of 18 U.S.C. § 922 (u), alleging errors in the district court’s calculation of his criminal history and total offense level under the United States Sentencing Guidelines (“Guidelines”). We review the district court’s interpretation of the Guidelines de novo, and its application of the Guidelines to the facts for abuse of discretion. United States v. Garro, 517 F.3d 1163, 1167 (9th Cir.2008) (citation omitted). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

In calculating Boam’s criminal history, the district court properly considered Boam’s two-year state sentence for violating California Vehicle Code § 10851(a). Boam’s attempt to collaterally attack this state sentence during federal sentencing proceedings is foreclosed by our decision in United States v. Saya, 247 F.3d 929, 940 (9th Cir.2001) (holding that a defendant may not collaterally attack a state sentence during federal sentencing proceedings). Moreover, contrary to Boam’s assertion, the state sentence was not an illegal “second sentence” under…