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U.S. v. VAN DYKE

No. 89-5502.

895 F.2d 984 (1990)

UNITED STATES of America, Plaintiff-Appellant, v. Harry VAN DYKE, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided February 12, 1990.

Rehearing and Rehearing Denied March 15, 1990.

Attorney(s) appearing for the Case

James G. Warwick (Breckinridge L. Willcox, U.S. Atty., Washington, D.C., Stephen L. Purcell, Asst. U.S. Atty., on brief), for plaintiff-appellant.

Warren Anthony Brown, Baltimore, Md., for defendant-appellee.

Before HALL and WILKINS, Circuit Judges, and WINTER, Senior Circuit Judge.

Rehearing and Rehearing In Banc Denied March 15, 1990.

WILKINS, Circuit Judge:

The government appeals the sentence imposed on Harry Van Dyke. It contends that the district judge incorrectly applied the sentencing guidelines or in the alternative erred in departing downward from the applicable sentencing guidelines range. We vacate the sentence imposed and remand for resentencing.

I.

Van Dyke was arrested on February 10, 1988, while in possession...

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