United States v. Griffin, No. 10-2028 (7th Cir. 2011)
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Indiana police officers attempted to stop a car matching the description of one involved in a road-rage incident. The driver continued to drive, prompting a brief low-speed car chase. He pulled over, after leading the officers through a parking lot where he tossed a plastic bag containing 82 grams of crack into newly fallen snow. Officers obtained a warrant and found more cocaine and a gun in the driver's home. The court rejected a motion to suppress the parking lot cocaine and the driver was sentenced to 360 months in prison. The Seventh Circuit affirmed. Although officers did not have probable cause when they first turned on their lights, the seizure did not occur until the driver pulled over, by which time they had probable cause. Sentencing under the guidelines for career offenders was properly based on a prior Indiana conviction for vehicular flight, which qualified as a crime of violence. He was ineligible for a sentence reduction under 18 U.S.C. 3582(c)(2) based on amendments to the crack-cocaine guidelines, which the Commission made retroactive effective November 1, 2011.
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