unofficial that section actually contains conceptually two offenses contains a serious assault felony assault punishable by two three or four years in prison and it and that's the test now robinson turns out to been a felony but here was punished as a misdemeanor you're right because one sentence was finally imposed he was given three hundred sixty five days the court said it's a misdemeanor presumably in robinson had it been punished as a misdemeanor th  and the question then becomes whether that methodology becomes the holding when they don't make a california law which meant that it couldn't be punished by more than a year now had it then charged under two forty five as a misdemeanor from the inception it in fact when california municipal court and  court's only handle misdemeanors it still is still under the government's theory punishable by more than a year because that's with the statutes to forty five but it would be clear in that case that it could misdemeanor for b one point one talks about the reference or guideline and then for being one point two sets forth the definition of the terms used in that guideline under forty one point to  cases were not considering the career offender guidelines under the united states sentencing guidelines which does in fact find that federal  it is the when the united states sentencing guidelines are used under at least one second case a french in two thousand and two which says that it's the federal law that controls not the state's state laws not to be considered and in fact truth regarding california law what do you think it was a holding or dick or whatever it says under california law where the offense is alternatively a felony or misdemeanor it is regarded as a felony for every purpose until judgment correct so section the california penal code however states important part of such an offense is a misdemeanor for all purposes a misdemeanor for all purposes after a judgment imposing a punishment other than imprisonment in state prison and so here we have a situation where originally it was potentially a felony when sentence was suspended but then it became a misdemeanor for all purposes when the judge imposed finally the sentence declared it to be a misdemeanor so are we not looking at don't i know what that means but here you're dealing with a curious beast i was around when seventeen b was passed and not to make a big speech but we kept getting these wobblers in the d a s office that turned out in most cases to be misdemeanors when the sentence finally was impose so a lot of smart people in the name of the fish and see a therapist went to the legislature and got seventeen b passes so we wouldn't have to fool around with a lot of cases as misdemeanors problem is when they would turn out to be misdemeanors but we kept the option of keeping some of them in there until we could take a good look at the case but the language is for all purposes and that seems to me to be ab initio you're doing the misdemeanor period over and out and robinson suggests this is the appropriate approach to this so how do we get around ro certain way that the federal guidelines are not taking into account when it comes to the career offender sentencing guidelines that scathing and the end offenses of convection uniform across the nation so that people are not treated differently for purposes of the sentencing