Opinion
No. 16-30274
05-29-2019
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. LAJAI JAMAR PRIDGETTE, Defendant-Appellant.
NOT FOR PUBLICATION
D.C. No. 1:13-cr-00281-EJL-1 MEMORANDUM Appeal from the United States District Court for the District of Idaho
Edward J. Lodge, District Judge, Presiding Before: THOMAS, Chief Judge, FRIEDLAND and BENNETT, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Lajai Jamar Pridgette appeals from the district court's judgment and challenges the 120-month concurrent sentences imposed on remand following his jury-trial conviction for possession of a counterfeit access device and counterfeit access device making equipment, in violation of 18 U.S.C. § 1029(a)(3), (4); possession of a firearm by a prohibited person, in violation of 18 U.S.C. § 922(g)(1); and transportation of a stolen motor vehicle, in violation of 18 U.S.C. § 2312. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Pridgette first contends that the district court erred in determining that his prior conviction for assault with a deadly weapon in violation of California Penal Code § 245(a)(1) is a categorical crime of violence under U.S.S.G. §§ 2K2.1(a)(4)(A) and 4B1.2(a). Pridgette's argument is foreclosed by United States v. Vasquez-Gonzalez, 901 F.3d 1060, 1065-68 (9th Cir. 2018), which was decided after briefing in this case was complete. In Vasquez-Gonzalez, this court held that section 245(a)(1) is a categorical crime of violence under 18 U.S.C. § 16(a), which is materially identical to § 4B1.2(a)(1). See id. at 1068; see also United States v. Werle, 877 F.3d 879, 883-84 (9th Cir. 2017) (stating that the language of § 16(a) "largely mirrors" the language of § 4B1.2(a)(1)).
Pridgette also contends that the sentence is substantively unreasonable. The district court did not abuse its discretion. See Gall v. United States, 552 U.S. 38, 51 (2007). The within-Guidelines sentence is substantively reasonable in light of the 18 U.S.C. § 3553(a) sentencing factors and the totality of the circumstances, including the circumstances of the offense and Pridgette's lengthy criminal history. See Gall, 552 U.S. at 51.
AFFIRMED.