United States v. Diaz-Argueta, 564 F.3d 1047 (9th Cir. Apr. 24, 2009) ("In the parlance of California law enforcement, a violation of the statute is a "wobbler" that may be punished either as a felony or as a misdemeanor. As the United States Supreme Court explains, 'Under California law, a wobbler is presumptively a felony and remains a felony except when the discretion is actually exercised to make the crime a misdemeanor.'"; California conviction of felony-misdemeanor, under Penal Code 245(a)(2), with imposition of sentence suspended and probation, remains a felony until judgment), quoting Ewing v. California, 538 U.S. 11, 16 (2003); citing Garcia-Lopez v. Ashcroft, 334 F.3d 840, 844-45 (9th Cir.2003); United States v. Qualls, 172 F.3d 1136, 1137-38 (9th Cir.1999); United States v. Robinson, 967 F.2d 287, 292-93 (9th Cir.1992) (no evidence that presumption that conviction is a felony has been overcome). See also, People v. Esparza, 61 Cal.Rptr. 167, 169 (1967).