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

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NEIL H. BUCHANAN

UF Levin College of Law professor and economist Neil H. Buchanan argues that the text of the Constitution makes clear that Congress has the power to impeach and convict Donald Trump, even though he is no longer President. Buchanan describes the unambiguous textual support for this conclusion, which Buchanan (and others) argue is also amply supported by the Constitution’s purpose, structure, and other interpretive approaches.

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United States v. Croft

Docket: 18-6627

Opinion Date: January 29, 2021

Judge: Quattlebaum

Areas of Law: Criminal Law

The Fourth Circuit affirmed the district court's denial of a petition for habeas relief under 28 U.S.C. 2255, holding that a conviction under South Carolina's carjacking statute, S.C. Code 16-3-1075, which prohibits taking or attempting to take a motor vehicle "by force and violence or by intimidation while the person is operating the vehicle or while the person is in the vehicle," is a violent felony predicate under the Armed Career Criminal Act (ACCA). In this case, petitioner claims that "intimidation," as it is used in the carjacking statute, requires the threat of physical force against the person in the vehicle. However, the court explained that, although South Carolina courts have not explicitly interpreted the carjacking statute, the state has given every indication that it meant "intimidation" in its carjacking statute to require the use, attempted use or threat of physical force against the person in the vehicle. Therefore, the district court correctly concluded that South Carolina carjacking is a violent felony under the ACCA.