United States v. Griffin
2011 U.S. App. LEXIS 15009
| 7th Cir. | 2011Background
- Two Indiana officers pursued Griffin in a blue GMC Yukon after a road-rage report; he fled and discarded 82 grams of crack during a snow-covered parking lot chase.
- Federal and state authorities later executed a search warrant at Griffin's home, yielding crack, scales, a handgun, a drug ledger, and cash.
- A federal indictment charged conspiracy to distribute crack, possession with intent to distribute crack, and firearm offenses; one count was dismissed by verdict.
- Griffin moved to suppress the 82 grams found in the parking lot, arguing it was fruit of an unlawful seizure; suppression was denied.
- Griffin was found responsible for over 500 grams of crack in a conspiracy and sentenced to 360 months; he appeals denial of suppression and challenges his career-offender status and FSA retroactivity.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the crack in the parking lot was seized illegally. | Griffin argues the initial show of authority seized him. | Griffin contends stop was unlawful and drugs derived from it must be excluded. | No Fourth Amendment seizure occurred when Griffin discarded the drugs; suppression denied. |
| Whether vehicular flight qualifies as a crime of violence for career-offender status. | Griffin contends Indiana vehicular flight isn’t a crime of violence. | Griffin's flight conviction qualifies under 4B1.2 as a crime of violence. | Griffin properly classified as career offender; district court's determination affirmed. |
| Whether the FSA applies retroactively or affects Griffin's sentence. | Griffin seeks retroactive application and new crack-to-powder ratios. | FSA not retroactive under savings statute; date of conduct controls; no change in range. | FSA does not apply retroactively; no resentencing based on FSA. |
Key Cases Cited
- Hodari D. v. United States, 499 U.S. 621 (1991) (seizure occurs upon submission to show of authority or use of force; not a continuum)
- United States v. Mendenhall, 446 U.S. 544 (1980) (definition of seizure; show of authority plus submission)
- California v. Hodari D., 499 U.S. 621 (1991) (seizure timing clarifications over Hodari D.)
- United States v. Bradley, 196 F.3d 762 (1999) (discussed Hodari D.; continuum seizure notion rejected)
- Sykes v. United States, 131 S. Ct. 2267 (2011) (confirms vehicle-flight as violent felony for ACCA; informs career-offender analysis)