Court of Appeals for the Ninth Circuit March 7, 2005, No. 04-10339; D.C. No. CR-03-00105-ECR/RAM (United States v. Luna)

*135MEMORANDUM*

Raymond Luna pled guilty to violating 18 U.S.C. §§ 922(g)(1) and 924(a)(2), felon in possession of an illegal firearm. He appeals the calculation of the base offense level, arguing that the district court erroneously counted a prior conviction under California Penal Code §§ 182 and 245(a)(2) as a “prior felony conviction,” when calculating the base offense level under the