Latest Case: United States v. Clayborn (Criminal Law)

Another Attempt to Find Optimism in American Politics

NEIL H. BUCHANAN

UF Levin College of Law professor Neil H. Buchanan continues his series of columns attempting to find optimism in what he describes as “post-constitutional life in America.” In this installment, Buchanan notes that President Trump’s reactions to COVID-19 are a reason for optimism because they reflect a fear that a pandemic (and market responses to a pandemic) could threaten his hold on the White House.

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United States v. Clayborn

Docket: 19-1291

Opinion Date: March 4, 2020

Judge: Raymond W. Gruender

Areas of Law: Criminal Law

The Eighth Circuit affirmed defendant's conviction as a career offender under USSG 4B1.1 based on his controlled substance convictions in Illinois and in Iowa. The court held that the district court did not err in concluding that defendant's Iowa and Illinois controlled substance convictions qualified as predicates for career offender sentencing. The court declined to find that the Illinois and Iowa statutes are categorically not career-offender predicates because they include the word "deliver," which may not involve a commercial activity; the Illinois and Iowa convictions are not overbroad; and defendant's remaining claims to the contrary were rejected.