United States v. Sandoval, 705 F. App'x 773

Jonathan Sandoval, a federal prisoner, pleaded guilty to being a felon in possession of ammunition under 18 U.S.C. § 922(g)(1).
The district court applied the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e)(1), and sentenced Sandoval to 15 years based on at least three prior New Mexico convictions for residential burglary (N.M. Stat. Ann. § 30-16-3(A)).
Sandoval filed a motion under 28 U.S.C. § 2255 to vacate his sentence, arguing New Mexico residential burglary is broader than generic burglary and thus not an ACCA predicate.
The district court denied § 2255 relief and refused to issue a certificate of appealability (COA).
On appeal, Sandoval sought a COA from the Tenth Circuit to challenge the denial of his § 2255 motion.
The Tenth Circuit concluded its recent precedent (United States v. Turrieta) controls and forecloses Sandoval’s argument that New Mexico residential burglary is not generic burglary.

Issue	Sandoval's Argument	Government's Argument	Held
Whether New Mexico residential burglary qualifies as generic burglary for ACCA purposes	New Mexico statute covers broader conduct than generic burglary, so convictions should not count as ACCA predicates	New Mexico residential burglary matches generic burglary and therefore qualifies as an ACCA predicate	New Mexico residential burglary qualifies as generic burglary under Tenth Circuit precedent; COA denied
Whether a COA should issue for appeal of § 2255 denial	Sandoval argued jurists could debate the application of ACCA here	Government argued precedent forecloses debate and no COA warranted	No substantial showing of denial of a constitutional right; COA denied

Miller-El v. Cockrell, 537 U.S. 322 (2003) (sets standard for issuance of a certificate of appealability)