Domenico

MEMORANDUM ***

Philip Domenico appeals his 57 month sentence, imposed following a guilty plea for two counts of being a felon in possession of ammunition or firearms, in violation of 18 U.S.C. § 922 (g)(1). Domenico does not appeal his conviction, nor does he raise an issue under United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

The district court imposed a sentence enhancement for a prior “crime of violence” pursuant to U.S.S.G. § 4B1.2(a)(2). Domenico claims his prior conviction in August of 2004, under Montana’s Partner or Family Member Assault statute, Mont. Code Ann. § 45-5-206 (2004), for an altercation involving his spouse, is not a “crime of violence” under U.S.S.G. § 4B1.2(a). We review the district court’s determination that Domenico’s prior conviction constitutes a crime of violence de novo. Taylor v. United States, 495 U.S. 575, 600-02 , 110 S.Ct. 2143 , 109 L.Ed.2d 607 (1990); United States v. Hermoso-Garcia, 413 F.3d 1085, 1089 (9th Cir.2005).

In reviewing whether an offense constitutes a crime of violence, we first use a categorical approach. See Taylor, 495 U.S. at 600-02…