Stiles

MEMORANDUM **

David Lee Stiles appeals his conviction by conditional guilty plea to being a felon in possession of a firearm, in violation of 18 U.S.C. § 922 (g)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Stiles contends that Blakely v. Washington, 542 U.S. 296 , 124 S.Ct. 2531 , 159 L.Ed.2d 403 (2004), prohibits the use of prior felony convictions where the punishment could not exceed a year in prison under Washington State’s determinate sentencing scheme. Stiles acknowledges that we held in United States v. Murillo, 422 F.3d 1152 (9th Cir.2005), cert. denied, — U.S. -, 126 S.Ct. 1928 , 164 L.Ed.2d 677 (2006), that the maximum sentence for a prior conviction was defined by state statute, and not by the maximum sentence set under state sentencing guidelines, for purpose of determining whether prior conviction was for crime punishable by term exceeding one year.

Stiles had previously been convicted of second-degree robbery, a class B felony under state law. See Wash. Rev.Code § 9A.56.210(2) (2006). A class B felony is punishable by imprisonment up to ten years. Wash. Rev.Code § 9A.20.021(l)(b) *579 (2006). As no part of the state’s statutory scheme…