Latest Case This Week: United States v. Clark (10th Cir.)

Yes, Trump Is (Still) Engaged in an Attempted Coup; and Yes, It Might Lead to a Constitutional Crisis and a Breaking Point

NEIL H. BUCHANAN

UF Levin College of Law professor and economist Neil H. Buchanan explains why Donald Trump’s actions reflect an attempted coup and might still lead to a constitutional crisis. In this column, Buchanan first explains what a coup is and describes the ways that Trump has failed in his attempts thus far. Buchanan warns about how all this could still end in a constitutional crisis that Trump creates and exploits to stay in power.

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United States v. Clark

Court: US Court of Appeals for the Tenth Circuit

Docket: 19-7046

Opinion Date: November 17, 2020

Judge: Mary Beck Briscoe

Areas of Law: Constitutional Law, Criminal Law, Native American Law

Defendant Jessica Clark pleaded guilty to one count of child neglect in Indian Country. At sentencing, the district court concluded there were no sufficiently analogous Guidelines provision that applied to Clark's conviction, and consequently, it had to sentence her without reference to a specific Guidelines provision or advisory sentencing range. Clark received an 84-month term of imprisonment, to be followed by a five-year term of supervised release. Clark appealed, arguing the district court erred: (1) by not finding U.S.S.G. 2A2.3, the Sentencing Guidelines provision applicable to “Assault” offenses, was sufficiently analogous to her offense of conviction and therefore should have, pursuant to U.S.S.G. 2X5.1, been applied by the district court to determine both an offense level and in turn an advisory Guidelines sentencing range; and (2) the district court plainly erred by failing to adequately explain the reasons for the sentence it imposed. The Tenth Circuit rejected Clark's first argument, but agreed with the second: there was no sufficiently analogous Guidelines provision, but an explanation of the reasons for the sentence ultimately imposed was warranted.