towards the road. He was looking around side to side, ducking, crouching a little bit." Burhoe "slow jog[ged], fast shuffle[d]" across St. James Road to the side of the road where Fahey was parked and went behind a garage next to Fahey's car. Fahey followed Burhoe behind the garage. Fahey saw Burhoe crouching in the private yard and looking out at the intersection of Riverside and the Fellsway, then filled with police sirens and other activity. Fahey testified that Burhoe "was sneaking along the side of the house, basically, like someone playing hide-and-seek." Fahey continued to follow Burhoe as Burhoe jumped off a short wall into the intersection of Riverside and Fellsway.


7
Fahey followed and also jumped off the wall. At this point Burhoe turned around and made eyehad argued in the alternative). Given the totality of the circumstances and the knowledge Fahey had at the time concerning the robbery, the district court found the arrest was justified by probable cause.


12
After the denial of his motion to suppress, Burhoe entered a conditional guilty plea to the indictment, reserving the right to appeal the denial of the motion to suppress.


13
In Burhoe's Presentence Report (PSR), his base offense level was computed to be 32 based on his career offender status and the 20-year statutory maximum term of imprisonment for bank robbery. See U.S.S.G. § 4B1.1; 18 U.S.C. § 2113(a). After a three-level reduction for acceptance of responsibility, Burhoe's total offense level was 29. That, combined with his criminal history category of VI, gave him a Guidelines range of