ILNews

Circuit Court affirms admission of drugs, sentence

Back to TopCommentsE-mailPrintBookmark and Share

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.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  2. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

  3. No, Ron Drake is not running against incumbent Larry Bucshon. That’s totally wrong; and destructively misleading to say anything like that. All political candidates, including me in the 8th district, are facing voters, not incumbents. You should not firewall away any of voters’ options. We need them all now more than ever. Right? Y’all have for decades given the Ds and Rs free 24/7/365 coverage of taxpayer-supported promotion at the expense of all alternatives. That’s plenty of head-start, money-in-the-pocket advantage for parties and people that don’t need any more free immunities, powers, privileges and money denied all others. Now it’s time to play fair and let voters know that there are, in fact, options. Much, much better, and not-corrupt options. Liberty or Bust! Andy Horning Libertarian for IN08 USA House of Representatives Freedom, Indiana

  4. A great idea! There is absolutely no need to incarcerate HRC's so-called "super predators" now that they can be adequately supervised on the streets by the BLM czars.

  5. One of the only qualms I have with this article is in the first paragraph, that heroin use is especially dangerous because it is highly addictive. All opioids are highly addictive. It is why, after becoming addicted to pain medications prescribed by their doctors for various reasons, people resort to heroin. There is a much deeper issue at play, and no drug use should be taken lightly in this category.

ADVERTISEMENT