United States v. Hernandez, 769 F.3d 1059 (9th Cir. Oct. 20, 2014) (per curiam) (California conviction for being a felon in possession of a firearm under California Penal Code 12021(a)(1), did not categorically qualify as a listed firearms aggravated felony, under INA 101(a)(43)(E), 8 U.S.C. 101(a)(43)(E), and is therefore insufficient to support an illegal reentry sentence enhancement, under U.S.S.G. 2L1.2(b)(1)(C), because the state statute swept more broadly than the federal aggravated felony definition, since the state did not have an exception for antique firearms, as federal law did, though the federal exception was an affirmative defense to the federal offense); see Moncrieffe v. Holder, 133 S.Ct. 1678 (April 23, 2013), retroactively overruling Gil v. Holder, 651 F.3d 1000, 1005"06 (9th Cir.2011)(holding that the antique firearms exception is an affirmative defense that need not be considered in a categorical analysis); Aguilera"Rios v. Holder, 769 F.3d 626, 633, 2014 WL 4800292 (9th Cir. Sept. 29, 2014) (California Penal Code 12021(a)(1) is not a categorical match to 18 U.S.C. 921, 922).