United States v. Linda L. Lange, 146 F.3d 555 (8th Cir. 1998). · Go Syfert
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United States v. Linda L. Lange, 146 F.3d 555 (8th Cir. 1998). Cases Citing This Book View Copy Cite
15 citation events (9 in the last 25 years) across 4 distinct courts.
Strongest positive: United States v. Elmardoudi (iand, 2008-03-12)
Top citers, strongest first. 13 distinct citers. How cited ↗
cited Cited as authority (rule) United States v. Elmardoudi
N.D. Iowa · 2008 · confidence medium
See USSG § 5G1.3(b); United States v. Oliver, 2000 WL 1341532 at *1 (8th Cir.2000); United States v. Lange, 146 F.3d 555, 556 (8th Cir.1998).
discussed Cited as authority (rule) United States v. Heard, Derrick
D.C. Cir. · 2004 · confidence medium
A number of courts of appeals have held that a prior offense is not “taken into account” for purposes of § 5G1.3(b) unless the conduct underlying that offense is part of the “relevant conduct” — as defined by Guideline § lB1.3(a) — used to determine the appropriate offense level for the instant offense. 7 See United States v. Johnson, 324 F.3d 875, 878-80 (7th Cir.2003); United States v. Raleigh, 278 F.3d 563, 568 (6th Cir.2002); United States v. Lange, 146 F.3d 555, 556 (8th Cir.1998); United States v. Oser, 107 F.3d 1080, 1084 (3d Cir.1997); United States v. Gondek, 65 F.3d 1, …
discussed Cited as authority (rule) United States v. Elza D. Terry (2×) also: Cited "see"
8th Cir. · 2002 · confidence medium
United States v. Lange, 146 F.3d 555, 556 (8th Cir.1998).
discussed Cited as authority (rule) United States v. Elza D. Terry (2×) also: Cited "see"
8th Cir. · 2002 · confidence medium
United States v. Lange, 146 F.3d 555, 556 (8th Cir. 1998).
discussed Cited as authority (rule) United States v. Cordero
10th Cir. · 2001 · confidence medium
As defendant’s probation violation was not considered in setting the offense level for the second misbranded drug conviction, it was not “fully taken into account in the determination of the offense level.” USSG4 5G1.3(b); see Contreras, 210 F.3d at 1153 (holding 5G1.3(b) didn’t apply when conviction was not relied upon to determine offense level); United States v. Lange, 146 F.3d 555, 556 (8th Cir.1998) (holding 5G1.3(b) did not apply when offense was not considered in determining offense level, but was included in criminal history points); United States v. Hornsby, 88 F.3d 336, 339 (…
discussed Cited as authority (rule) United States v. Jose Alfredo Garcia-Hernandez
unknown court · 2000 · confidence medium
For, on account of that conviction, his offense level was increased by sixteen points pursuant to § 2L1.2(b)(l)(A). 3 Cf. *109 United States v. Lange, 146 F.3d 555, 556 (8th Cir.1998) (holding that consideration of past offenses in the determination of a defendant’s criminal history category does not trigger application of § 5G1.3(b)); United States v. Hornsby, 88 F.3d 336, 339 (5th Cir.1996) (same); United States v. Puckett, 61 F.3d 1092 , 1097 n. 5 (4th Cir. 1995) (same).
discussed Cited as authority (rule) United States v. Hiram Oliver
8th Cir. · 2000 · confidence medium
See U.S.S.G. § 5G1.3(c) (if undischarged sentence results from offense that was not fully taken into account in determining offense level, district court may impose "sentence for the instant offense . . . [that] run[s] concurrently, partially concurrently, or consecutively to the prior undischarged term of imprisonment"); United States v. Lange, 146 F.3d 555, 556 (8th Cir. 1998) (consecutive sentences proper because "events underlying the [earlier] conviction were not taken into account as 'relevant conduct' under U.S.S.G. § 1B1.3, and so were not taken into account in determining [the] offe…
cited Cited as authority (rule) United States v. Scott Plumley
8th Cir. · 2000 · confidence medium
See id.; United States v. Lange, 146 F.3d 555, 556 (8th Cir. 1998). 2.
cited Cited as authority (rule) United States v. Scott Plumley, United States of America v. Jeremy Thomas Kaune,appellant
8th Cir. · 2000 · confidence medium
See id.; United States v. Lange, 146 F.3d 555, 556 (8th Cir.1998). 2.
discussed Cited as authority (rule) United States v. Christopher Jerome Moore
8th Cir. · 1998 · signal: cf. · confidence medium
Cf. United States v. Lange, 146 F.3d 555, 556 (8th Cir.1998) (affirming district court’s imposition of consecutive sentence under § 5G1.3 (c); although prior state conviction was taken into *511 account in calculation of criminal history points, events underlying state conviction were not taken into account as relevant conduct and did not affect offense level); United States v. Hornsby, 88 F.3d 336, 339-40 (5th Cir.1996) (where defendant committed instant offense while on state parole and parole was revoked, district court did not err by ordering sentence for instant offense to run consecut…
discussed Cited as authority (rule) United States v. Christopher Moore
8th Cir. · 1998 · signal: cf. · confidence medium
Cf. United States v. Lange, 146 F.3d 555, 556 (8th Cir. 1998) (affirming district court’s imposition of consecutive sentence under § 5G1.3 (c); although prior state conviction was taken into account in calculation of criminal history points, events underlying state conviction were not taken into account as relevant conduct and did not affect offense level); United States v. Hornsby, 88 F.3d 336, 339-40 (5th Cir. 1996) (where defendant committed instant offense while on state parole and parole was revoked, district court did not err by ordering sentence for instant offense to run consecutive…
cited Cited "see" United States v. Edgar Lynn Davis
8th Cir. · 2001 · signal: see · confidence high
See United States v. Lange, 146 F.3d 555, 556 (8th Cir.1998).
cited Cited "see" United States v. Coolidge Lee Durham
8th Cir. · 2001 · signal: see · confidence high
See United States v. Lange, 146 F.3d 555, 556 (8th Cir.1998) (reviewing application of § 5G1.3(c) de novo); U.S.S.G. § 5G1.3, comment, (n.3) (describing factors).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Appellee,
v.
Linda L. LANGE, Appellant
98-1033.
Court of Appeals for the Eighth Circuit.
Jun 3, 1998.
146 F.3d 555
1998 U.S. App. LEXIS 11488
1998 WL 282871
John M. Wilka, Sioux Falls, SD, argued, for Appellant., John J. Ulrich, AUSA, Sioux Falls, SD, argued, for Appellee.
McMillian, Noonan, Arnold.
Cited by 13 opinions  |  Published
NOONAN, Circuit Judge.

Linda L. Lange, convicted of bank fraud in violation of 18 U.S.C. § 1344, appeals her sentence of 2% years, to be served consecutively to a sentence she is serving in Nebraska for state bank fraud. ■ Lange seeks to have her federal sentence run concurrently.

A defendant who is the subject of an undischarged prison term must be sentenced under U.S.S.G. § 5G1.3. United States v. Marsanico, 61 F.3d 666, 668 (8th Cir.1995). That much is clear. The question is whether § 5G1.3(b) or (c) applies.

The two provisions read as follows:

(b) If subsection (a) does not apply, and the undischarged term of imprisonment resulted from offense(s) that have been fully taken into account in the determination of the offense level for the instant offense, the sentence for the instant offense shall be imposed to run concurrently to the undischarged term of imprisonment.
(c) (Policy Statement) In any other case, the sentence for the instant offense may be imposed to run concurrently, partially concurrently, or consecutively to the prior undischarged term of imprisonment to achieve a reasonable punishment for the instant offense.

U.S.S.G. § 5G1.3.

Lange argues that the Nebraska conviction was “fully taken into account” in determining her offense level. It was taken into account in the Presentence Report’s calculation of her criminal history points. But criminal history and offense level are treated separately by the Sentencing Table of the U.S.S.G. The events underlying the Nebraska conviction were not taken into account as “relevant conduct” under U.S.S.G. § 1B1.3, and so were not taken into account in determining her offense level. See United States v. Gondek, 65 F.3d 1, 4 (1st Cir.1995). Reviewing the application of § 5G1.3 de novo, United States v. Lyons, 47 F.3d 309, 311 (8th Cir.1995), we find no error.

AFFIRMED.