and Submitted June 14, 2018
Submission Vacated July 11, 2018
Resubmitted July 3, 2019 San Francisco, California
from the United States District Court for the Northern
District of California Jeffrey S. White, District Judge,
Presiding No. 4:16-cr-00223-JSW-1 .
E. Matthews (argued) and Elizabeth McKenna, Assistant Federal
Public Defender; Steven G. Kalar, Federal Public Defender;
Office of the Federal Public Defender, Oakland, California;
B. Gray (argued), Assistant United States Attorney; J.
Douglas Wilson, Chief, Appellate Division; United States
Attorney's Office, San Francisco, California; for
Before: Eugene E. Siler, [*] Richard A. Paez, and Sandra S. Ikuta,
a sentencing determination by the district court, the panel
held that battery resulting in serious bodily injury, in
violation of section 243(d) of the California Penal Code,
qualifies as a "crime of violence" as defined in
§ 4B1.2(a)(1) of the United States Sentencing
Perez's appeal of his sentence for being a felon in
possession of a firearm and ammunition raises the question
whether a prior state conviction for battery resulting in
serious bodily injury, in violation of section 243(d) of the
California Penal Code, qualifies as a "crime of
violence" as defined in § 4B1.2(a)(1) of the United
States Sentencing Guidelines. We conclude that it does. For
the reasons set forth below and in our concurrently-filed
memorandum disposition, United States v. Perez,
Fed.Appx. (9th Cir. 2019), we affirm.
2016, Perez was convicted of a single count of being a felon
in possession of a firearm and ammunition in violation of 18
U.S.C. § 922(g)(1). According to the presentence report,
Perez had a lengthy criminal history, including a conviction
for felony battery ...