United States v. Xavier Serna

KOZINSKI, Circuit Judge.

We consider whether possession of an assault weapon in violation of California Penal Code section 12280(b) is a “crime of violence” under the federal Sentencing Guidelines.

Facts

Serna pleaded guilty to being a felon in possession of a firearm. See 18 U.S.C. § 922(g)(1). It wasn’t the first time Serna had illegally possessed a firearm- — -he had previously pleaded guilty to violating California Penal Code § 12280(b), which outlaws possession of “assault weapons.” 1 The district court concluded that Serna’s state-court conviction was a “crime of violence.” See U.S.S.G. §…