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. Jones

Docket: 18-35457

Opinion Date: March 4, 2020

Judge: William A. Fletcher

Areas of Law: Criminal Law

The Ninth Circuit affirmed the district court's denial of defendant's 28 U.S.C. 2255 motion to vacate his criminal sentence, which had been enhanced pursuant to the Armed Career Criminal Act (ACCA). Defendant was convicted of unlawful possession of a firearm in violation of 18 U.S.C. 922(g)(1). The panel held that defendant's prior conviction of second degree burglary of a dwelling under Colo. Rev. Stat. 18-4-203(2)(a) was a violent felony, because it covered only conduct within the generic offense of burglary as defined by the Supreme Court in United States v. Stitt, 139 S. Ct. 399 (2018). Therefore, defendant was properly sentenced under 18 U.S.C. 924(e)(1).

Swinomish Indian Tribal Community v. BNSF Railway Co.

Docket: 18-35704

Opinion Date: March 4, 2020

Judge: William A. Fletcher

Areas of Law: Native American Law, Real Estate & Property Law

The Ninth Circuit affirmed the district court's interlocutory orders denying BNSF's motion for summary judgment on the Tribe's claim that BNSF violated a right-of-way and easement agreement limiting train traffic across the Tribe's reservation. The panel affirmed the district court's judgment, holding that the Interstate Commerce Commission Termination Act (ICCTA) does not repeal the Indian Right of Way Act and does not defeat the Tribe's right to enforce conditions in a right-of-way easement agreement issued pursuant to the Right of Way Act; the ICCTA does not abrogate the Treaty of Point Elliott and the Tribe's treaty-based federal common law right to exclude and condition a third-party's presence on, and use of, Reservation lands; and the Tribe has the right to pursue injunctive relief to enforce the terms of the Easement Agreement. The panel remanded for further proceedings.