United States v. Glynn Wyatt, 26 F.3d 863 (8th Cir. 1994). · Go Syfert
United States v. Glynn Wyatt, 26 F.3d 863 (8th Cir. 1994). Cases Citing This Book View Copy Cite
20 citation events (5 in the last 25 years) across 2 distinct courts.
Treatment trajectory · 1995 → 2026 · click a year to view as-of
1995 2010 2026
Cited for
At page 864 Reviewability of district court weapon enhancement departures16 citing casesdistrict court's imposition of weapon enhancement unreviewable where court granted downward departure below Guidelines range applicable had weapon enhancement not been imposed1 citing court put it this way · 14 listed here
  • United States v. Rayvell Vann, 103 F. App'x 40 (8th Cir. 2004).unpublished
    See United States v. Baker, 64 F.3d 439, 441 (8th Cir.1995) (challenge to enhancement unreviewable where defendant re *41 ceived sentence below applicable Guidelines range with or without enhancement); United States v. Wyatt, 26 F.3d 863,…
  • United States v. Anthony R. West, 32 F. App'x 197 (8th Cir. 2002).unpublished
    Also, West waived his claim that he should not have been sentenced as a career offender when he conceded the issue in the district court, see United States v. Gutierrez, 130 F.3d 330, 332 (8th Cir.1997), and in any event, because of the do…
  • United States v. Robert L. Williams, 1 F. App'x 572 (8th Cir. 2001).unpublished
    Williams stipulated in his plea agreement that a mitigating role-reduction would not apply, see United States v. Nguyen, 46 F.3d 781, 783 (8th Cir.1995), and the drug quantity that he contends he should be responsible for produces a Guidel…
  • United States v. Christopher Meade, No. 99-2106 (8th Cir. Dec. 22, 1999).unpublished
    See United States v. Baker, 64 F.3d 439, 441 (8th Cir. 1995); United States v. Wyatt, 26 F.3d 863, 864 (8th Cir. 1994) (per curiam).
  • United States v. Benny Council, 111 F.3d 135 (8th Cir. 1997).unpublished
    See United States v. Baker, 64 F.3d 439, 441 (8th Cir.1995); United States v. Wyatt, 26 F.3d 863, 864 (8th Cir.1994) (per curiam). 3 Accordingly, we affirm. 1 The Honorable John R.
  • United States v. Beverly Day, 89 F.3d 842 (8th Cir. 1996).unpublished
    See United States v. Baker, 64 F.3d 439, 441 (8th Cir.1995); United States v. Wyatt, 26 F.3d 863, 864 (8th Cir.1994) (per curiam). 2 3 In accordance with Penson v. Ohio, 488 U.S. 75, 80 (1988), we have reviewed the record to look for any n…
  • United States v. Fred Stephen McCaslin, 70 F.3d 118 (8th Cir. 1995).unpublished
    Sec. 5K1.1 (1994)); United States v. Wyatt, 26 F.3d 863, 864 (8th Cir.1994) (per curiam) (same). 3 The judgment is affirmed. 1 The Honorable Henry Woods, United States District Judge for the Eastern District of Arkansas
  • United States v. Sergio Cendejas Martinez, 62 F.3d 1422 (8th Cir. 1995).unpublished
    Moreover, we note that Martinez's claim is not reviewable: his sentence still represented a downward departure from the Guidelines sentencing range that would have resulted if he had received a four- rather than three-level reduction. 2 Se…
  • United States v. Michelle Thacker, 41 F. App'x 18 (8th Cir. 2002).unpublished
    See United States v. Wyatt, 26 F.3d 863, 864 (8th Cir.1994) (per curiam).
  • United States v. Michael Coonce, 35 F. App'x 276 (8th Cir. 2002).unpublished
    See United States v. Wyatt, 26 F.3d 863, 864 (8th Cir.1994) (per curiam).
Show 4 more citing cases
  • United States v. Daniel W. Anderson, No. 98-3155 (8th Cir. July 12, 2000).unpublished
    See United States v. Wyatt, 26 F.3d 863, 864 (8th Cir. 1994) (per curiam) (concluding challenged Guidelines computations were unreviewable where sentence imposed was lower than Guidelines sentencing range that would have been applicable if…
  • United States v. Victor M. Ojeda, No. 99-1053 (8th Cir. Aug. 26, 1999).unpublished
    See United States v. Wyatt, 26 F.3d 863, 864 (8th Cir. 1994) (per curiam).
  • United States v. Samson Jegede, No. 98-1662 (8th Cir. Aug. 31, 1998).unpublished
    See United States v. Wyatt, 26 F.3d 863, 864 (8th Cir. 1994) (per curiam) (where defendant received -2- downward-departure sentence, claims of error based on weapon enhancement and denial of minor-participant reduction were not reviewable…
  • United States v. John Erwin Beck, 48 F.3d 1225 (8th Cir. 1995).published
    (district court's imposition of weapon enhancement unreviewable where court granted downward departure below Guidelines range applicable had weapon enhancement not been imposed)
At page 865 vesting the marijuana — an essential task in a marijuana-growing operation — and he was to receive one-half of the marijuana he picked. See United States v.…1 citing caseopening of page *865 (no citing court says what it cites this page for)
  • United States v. Glynn Wyatt, 115 F.3d 606 (8th Cir. 1997).published 2 cites
    United States v. Wyatt, 26 F.3d 863, 865 (8th Cir. 1994). 2 Effective November 1, 1995, over two years after Wyatt's sentencing hearing, the United States Sentencing Commission adopted Amendment 516 to the Sentencing Guidelines, which redu…
Other citing cases2 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
UNITED STATES of America, Appellee,
v.
Glynn WYATT, Appellant
93-3056.
Court of Appeals for the Eighth Circuit.
Jun 16, 1994.
Published opinion
26 F.3d 863
1994 U.S. App. LEXIS 14782
1994 WL 261835
Carter C. Law, Asst. Federal Defender, of St. Louis, MO, argued, for appellant., Larry H. Ferrell, Asst. U.S. Atty., Cape Girardeau, MO, argued, for appellee.
Bowman, Loken, Hansen.
Cited by 20 opinions  |  Published
PER CURIAM.

Glynn Wyatt pleaded guilty to possessing more than 100 marijuana plants with intent to distribute, in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(B), and 846. The district court [1] departed from the 108-136 month Guidelines range based on the government’s departure motion filed under U.S.S.G. § 5K1.1 and 18 U.S.C. § 3553(e), and sentenced Wyatt to 60 months imprisonment and four years supervised release. He appeals his sentence, and we affirm.

Wyatt argues the court erred at sentencing by imposing a 2-level weapon enhancement under U.S.S.G. § 2Dl.l(b)(l) and denying him a 2-level minor-participant reduction under U.S.S.G. § 3B1.2(b). We conclude these issues are not reviewable, because Wyatt’s sentence still represented a downward departure from the Guidelines sentencing range that would result if he had prevailed on both points. [2] See United States v. Dutcher, 8 F.3d 11, 12 (8th Cir.1993) (Guidelines sentence, including disputed 4-level role enhancement, non-reviewable where district court departed below applicable Guidelines range with or without enhancement).

In any event, we would not find the district court’s decision on either matter to be clearly erroneous. See United States v. Overstreet, 5 F.3d 295, 297 (8th Cir.1993) (per curiam); United States v. Rayner, 2 F.3d 286, 288 (8th Cir.1993) (standards of review). Wyatt carried a loaded firearm while he harvested marijuana in a marijuana patch for approximately three hours before midnight on July 14, 1992. Athough he returned to the field unarmed shortly before his arrest, and although he claimed that he had carried the gun earlier in the offense only to disguise himself as a squirrel hunter, we agree with the government that he posed a risk of danger when armed to anyone who might have approached him on the patch. See U.S.S.G. § 2D1.1, comment, (n. 3) (enhancement for weapon possession reflects increased danger of violence when drug traffickers possess weapons). Cf. United States v. Rowley, 975 F.2d 1357, 1363 (8th Cir.1992) (proximity and accessibility of unloaded automatic weapons in bedroom where defendant also kept marijuana exacerbated danger of drug-related violence). As to the minor-participant reduction, Wyatt participated in har[*865] vesting the marijuana — an essential task in a marijuana-growing operation — and he was to receive one-half of the marijuana he picked. See United States v. Belden, 957 F.2d 671, 676 (9th Cir.) (upholding denial of minor-partieipant reduction where defendant’s only-involvement in marijuana-growing operation was installation and maintenance of generator: operation would not have succeeded without such function and profits were to be equally shared), cert. denied, — U.S.-, 113 S.Ct. 234, 121 L.Ed.2d 169 (1992).

Finally, Wyatt argues the government breached its plea agreement because the prosecutor stated at sentencing that Wyatt’s offense was serious, and thus effectively “canceled out the information as to cooperation.” We agree with the government that Wyatt waived this claim because he did not object to the prosecutor’s remarks at sentencing. See United States v. Beatty, 9 F.3d 686, 691 (8th Cir.1993) (when no objection was made in district court that prosecutor’s remarks at sentencing violated plea agreement, defendant failed to preserve alleged error for review). We also have reviewed the prosecutor’s remarks under a plain error standard and decline to grant relief. See id. at 692.

Accordingly, we affirm the judgment of the district court.

1

. The Honorable Stephen N. Limbaugh, United States District Judge for the Eastern District of Missouri.

2

. A 4-level reduction in Wyatt’s total offense level would produce a sentencing range of 70-87 months.