United States v. Sandoval
696 F.3d 1011
| 10th Cir. | 2012Background
- Sandoval pled guilty to felon in possession of a firearm under 18 U.S.C. § 922(g)(1) and admitted multiple prior felonies.
- Two of his prior felonies are undisputed violent felonies under the ACCA; two others were at issue, including second-degree assault and first-degree criminal trespass.
- Sandoval contends the two remaining prior convictions do not each qualify as violent felonies, so he cannot be subject to the ACCA’s 15-year minimum.
- The district court held Sandoval’s second-degree assault—though heat-of-passion and mitigated—qualifies as a violent felony under the ACCA residual clause, § 924(e)(2)(B)(ii).
- Sandoval argues Begay and related decisions require a more stringent “purposeful, violent, and aggressive” test, while the government argues risk-based categorization suffices.
- The court ultimately affirms that Sandoval’s heat-of-passion second-degree assault is a crime of violence under the ACCA residual clause.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is heat-of-passion second-degree assault a violent felony under ACCA residual clause? | Sandoval—heat of passion excludes violence. | Second-degree assault is violent under residual clause. | Yes; it satisfies the residual clause as a crime of violence. |
| How does Begay and Sykes framework apply to Sandoval’s offense? | Begay's purposeful/violent test should exclude heat-of-passion offenses. | Risk-based approach suffices; Begay may not apply after Sykes. | Risk-based analysis shows the offense is similar in risk to listed crimes; Begay's test not required. |
Key Cases Cited
- United States v. McConnell, 605 F.3d 822 (10th Cir. 2010) (construing the 'crime of violence' question under ACCA)
- Sykes v. United States, 131 S. Ct. 2267 (U.S. 2011) (limits Begay applicability; risk approach suffices)
- Begay v. United States, 553 U.S. 137 (U.S. 2008) (example-based test for violence; requires purposeful conduct)
- Smith v. United States, 652 F.3d 1244 (10th Cir. 2011) (reiterates Begay/Sykes framework after Sykes)
- Perez-Vargas v. United States, 414 F.3d 1282 (10th Cir. 2005) (modified-categorical approach guidance)
- Armijo v. United States, 651 F.3d 1236 (10th Cir. 2011) (post-Sykes treatment of recklessness vs. intent)
- Dwyer v. United States, 245 F.3d 1168 (10th Cir. 2001) (modified-categorical approach precedent)
- Zamora v. United States, 222 F.3d 756 (10th Cir. 2000) (granular records for violence determinations)