United States v. Lonny J. Street, 257 F.3d 869 (8th Cir. 2001). · Go Syfert
United States v. Lonny J. Street, 257 F.3d 869 (8th Cir. 2001). Cases Citing This Book View Copy Cite
G Cite
cited 2× by 2 distinct cases, last quoted 2005 · …should the court depart upward from the guideline range established by the court. at p. 870 ≈ altered
22 citation events (22 in the last 25 years) across 3 distinct courts.
Strongest positive: United States v. Michael Hatcher (ca8, 2007-08-28)
Treatment trajectory · 2002 → 2026 · click a year to view as-of
2002 2014 2026
Top citers, strongest first. 16 distinct citers. How cited ↗
cited Cited as authority (rule) United States v. Michael Hatcher
8th Cir. · 2007 · confidence medium
Allee, 282 F.3d at 997 ; United States v. Street, 257 F.3d 869, 870 (8th Cir. 2001).
cited Cited as authority (rule) United States v. Hatcher
8th Cir. · 2007 · confidence medium
Allee, 282 F.3d at 997 ; United States v. Street, 257 F.3d 869, 870 (8th Cir.2001).
examined Cited as authority (rule) UNITED STATES OF AMERICA, — v. LOUIS WINTERS, JR., ALSO KNOWN AS BOY WINTERS, — (4×) also: Cited "see"
8th Cir. · 2005 · confidence medium
While Winters preserved his right to appeal any upward departure, the government says the denial of a downward adjustment is not an upward departure, citing United States v. Street, 257 F.3d 869, 870 (8th Cir.2001).
examined Cited as authority (rule) United States v. Louis Winters, Jr. (4×) also: Cited "see"
8th Cir. · 2005 · confidence medium
While Winters preserved his right to appeal any upward departure, the government says the denial of a downward adjustment is not an upward departure, citing United States v. Street, 257 F.3d 869, 870 (8th Cir.2001).
discussed Cited as authority (rule) United States v. Brandon
4th Cir. · 2004 · confidence medium
See, e.g., United States v. Couch, 291 F.3d 251, 254-56 (3d Cir. 2002) (finding multiple convictions where defendant pled guilty to multi- count indictment under 18 U.S.C. § 924 ); United States v. Street, 257 F.3d 869, 870 (8th Cir. 2001) (finding the same under 16 U.S.C. § 668 ).
discussed Cited as authority (rule) United States v. Sandako Meshawn Brandon, United States of America v. Sandako Meshawn Brandon
4th Cir. · 2004 · confidence medium
See, e.g., United States v. Couch, 291 F.3d 251, 254-56 (3d Cir.2002) (finding multiple convictions where defendant pled guilty to multicount indictment under 18 U.S.C. § 924 ); United States v. Street, 257 F.3d 869, 870 (8th Cir.2001) (finding the same under 16 U.S.C. § 668 ).
cited Cited as authority (rule) United States v. Larry Big Boy
8th Cir. · 2003 · confidence medium
United States v. Street, 257 F.3d 869, 870 (8th Cir.2001); United States v. Michelson, 141 F.3d 867, 871 (8th Cir.1998).
discussed Cited as authority (rule) United States v. Bryan Couch
3rd Cir. · 2002 · confidence medium
Also instructive is the Eighth Circuit Court of Appeals’ recent decision in United States v. Street, 257 F.3d 869, 870 (8th Cir.2001), regarding Congress’s use of exactly the same phrase in another sentencing statute.
discussed Cited as authority (rule) United States v. Couch
3rd Cir. · 2002 · confidence medium
Also instructive is the Eighth Circuit Court of Appeals’ recent decision in United States v. Street, 257 F.3d 869, 870 (8th Cir. 2001), regarding Congress’s use of exactly the same phrase in another sentencing statute.
discussed Cited as authority (rule) United States v. Orlando Wynn
8th Cir. · 2002 · confidence medium
We find that Wynn waived his right to appeal the enhancement, as it did not constitute an upward departure from the sentencing range or breach the plea agreement, see United States v. Street, 257 F.3d 869, 870 (8th Cir.2001), and our review of the record satisfies us that his waiver of the right to appeal his sentence was knowing and voluntary, see United States v. Michelsen, 141 F.3d 867, 871-72 (8th Cir.), cert. denied, 525 U.S. 942 , 119 S.Ct. 363 , 142 L.Ed.2d 299 (1998).
cited Cited as authority (rule) American Simmental Ass'n v. Coregis Insurance
8th Cir. · 2002 · confidence medium
United States v. Street, 257 F.3d 869, 870 (8th Cir.2001).
cited Cited "see" United States v. Parker
8th Cir. · 2008 · signal: see · confidence high
See United States v. Street, 257 F.3d 869, 870 (8th Cir.2001) (holding that an enhancement under § 3C1.1 is part of the guidelines range, not a departure).
discussed Cited "see" United States v. Derrick L. Parker
8th Cir. · 2008 · signal: see · confidence high
See United States v. Street, 257 F.3d 869, 870 (8th Cir. 2001) (holding that an enhancement under § 3C1.1 is part of the guidelines range, not a departure).
cited Cited "see" United States v. James G. Allee, [Legal Name: James G. Allee, Jr.]
8th Cir. · 2002 · signal: see · confidence high
See United States v. Street, 257 F.3d 869, 870 (8th Cir.2001).
cited Cited "see" United States v. James Allee
8th Cir. · 2002 · signal: see · confidence high
See United States v. Street, 257 F.3d 869, 870 (8th Cir. 2001).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Appellee,
v.
Lonny J. STREET, Appellant
00-3975.
Court of Appeals for the Eighth Circuit.
Jul 27, 2001.
257 F.3d 869
2001 U.S. App. LEXIS 16839
2001 WL 845347
Al J. Arendt, argued, Pierre, SD, for appellant., Mikal G. Hanson, argued, Asst. U.S. Atty., Pierre, SD, for appellee.
Arnold, Bright, Bye.
Cited by 16 opinions  |  Published
BYE, Circuit Judge.

Lonny J. Street pleaded guilty to two counts of illegally taking bald and[*870] golden eagles in violation of 16 U.S.C. § 668, and received a felony sentence of sixteen months imprisonment. On appeal, he contends that § 668’s enhanced felony provision for a “second or subsequent conviction” does not apply to a second count charged in a single indictment. He also claims that the district court [1] erred by imposing a two-level enhancement for obstruction of justice under U.S.S.G. § 3C1.1.

Section 668, a single violation of which is a misdemeanor, provides that “in the case of a second or subsequent conviction ... [a defendant] shall be fined not more than $10,000 or imprisoned not more than two years, or both: Provided further, That the commission of each taking ... with respect to a bald or golden eagle shall constitute a separate violation of this section.” 16 U.S.C. § 668(a). Street contends that the statute’s enhanced penalty is triggered only when the commission of a second offense follows a prior conviction, and therefore that the district court erred in imposing a felony sentence upon Street’s plea to the second count of a single indictment.

We review the district court’s interpretation of the statute’s enhanced penalty provision de novo, see United States v. Alaniz, 235 F.3d 386, 386-87 (8th Cir.2000), and agree that Street’s argument is foreclosed by Deal v. United States, 508 U.S. 129, 113 S.Ct. 1993, 124 L.Ed.2d 44 (1993). In Deal, the Supreme Court addressed whether multiple convictions in a single proceeding were “second or subsequent conviction[s]” that triggered the enhanced penalty provision of 18 U.S.C. § 924(c). The Supreme Court rejected the contention that § 924(c)’s enhancement provision applied only when a second offense followed a prior conviction. Deal, 508 U.S. at 134, 113 S.Ct. 1993. There is no material distinction between the relevant language of 16 U.S.C. § 668 and 18 U.S.C. § 924(c), so Deal is dispositive. We are not persuaded by Street’s attempt to distinguish Deal on the grounds that his guilty pleas and convictions were entered simultaneously. See Deal, 508 U.S. at 133 n. 1, 113 S.Ct. 1993 (“[F]indings of guilt on several counts are necessarily arrived at successively in time.”).

With respect to Street’s second claim, the government contends that Street, in his plea agreement, waived the right to appeal the obstruction-of-justice enhancement. Street argues that he preserved the right to appeal the enhancement because it represents an upward “departure” from the sentence contemplated by the parties in the plea agreement. The relevant portion of the plea agreement, however, preserves only the right to appeal a departure from the “guideline range established by the Court,” not the guideline range contemplated by the parties. The obstruction enhancement constitutes a part of the guideline range established by the district court, not a departure from it. Absent a claim that his plea was unknowing or involuntary, we conclude that Street waived his right to appeal the obstruction enhancement. See, e.g., United States v. Stuttley, 103 F.3d 684, 686 (8th Cir.1996); United States v. His Law, 85 F.3d 379, 379 (8th Cir.1996).

We affirm the judgment of conviction and sentence.

1

. The Honorable Charles B. Kornmann, United States District Judge for the District of South Dakota.