United States v. Allen L. Streit

Allen L. Streit appeals his sentence under the Sentencing Guidelines and his conviction, following a jury trial, for assault on a federal officer and for using or carrying a firearm during a crime of violence, in violation of 18 U.S.C. § 111 , 1114, and 924(c). We affirm Streit’s conviction but vacate his sentence and remand to the district court for resentencing.

I. BACKGROUND

A. Facts

On January 24, 1989, FBI Agents J. David English and Anthony E. Oldham, working for the FBI’s fugitive detail, attempted to arrest Streit in Peoria, Arizona. The agents observed Streit leave his father’s house with a female companion, Dana Jensen, and head toward a Subaru parked in front of the house. English and Oldham drove to a spot approximately 15-20 feet behind the Subaru. The agents got out and approached Streit and Jensen, who were standing at the rear of the Subaru. English identified himself and ordered Streit to freeze. Oldham testified that when he got out of the car he also yelled “FBI.”

Streit then got into the Subaru. Oldham followed with his gun drawn and entered the car on the passenger side. English opened the driver’s side door and tried to restrain Streit. Streit started the…