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Circuit Court affirms admission of drugs, sentence

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The 7th Circuit Court of Appeals rejected a man’s argument that his past conviction of vehicular flight isn’t a crime of violence, citing a recent decision by the United States Supreme Court on that matter.

In United State of America v. Jadrion Griffin, No. 10-2028, Jadrion Griffin appealed the denial of his motion to suppress a bag of crack-cocaine found in a parking lot after his low-speed chase with police. Griffin claimed he was illegally seized when he threw the drugs in the snow, so the drugs should have been suppressed. He also challenged his 360-month sentence for drug convictions and unlawful possession of a firearm by a convicted felon, claiming he shouldn’t have been sentenced as a career offender because his prior conviction of vehicular flight under Indiana law isn’t a crime of violence. He also claimed he should be re-sentenced using the new crack-to-power ratio prescribed by the Fair Sentencing Act of 2010.

The judges had to decide when the seizure of Griffin occurred – when the police initially began following Griffin and activated their lights indicating they wanted him to pull over or when Griffin actually pulled over. Griffin argued that the seizing was a continuous act initiated upon the show of authority by police, but the 7th Circuit rejected his argument, citing California v. Hodari D., 499 U.S. 621, 629 (1991). A seizure by show of authority doesn’t occur unless and until the suspect submits, wrote Judge Diane Sykes.

His argument that he was improperly sentenced because the District Court improperly classified him as a career offender under the sentencing guidelines was quickly dismissed by the federal appellate court. Griffin claimed vehicular flight doesn’t qualify as a crime of violence under the guidelines, but Sykes v. United States, 131 S. Ct. 2267 (2011), says otherwise. The Indiana case dealing with this issue was pending before U.S. Supreme Court when Griffin was argued, so the judges held the instant case.

SCOTUS agreed with the 7th Circuit in Sykes that a conviction for vehicular flight under Indiana law is a crime of violence, leaving Griffin without a leg to stand on, wrote Judge Sykes.

The Circuit Court also rejected his argument that he should be re-sentenced under the FSA because it should be applied retroactively. The relevant date for determining retroactivity is the date of the underlying criminal conduct, and because the FSA was signed into law long after Griffin’s underlying conduct, it has no bearing on his sentence, the court ruled.

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  1. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  2. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  3. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  4. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  5. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

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