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U.S. v. SUMMERS

No. 89-5116.

893 F.2d 63 (1990)

UNITED STATES of America, Plaintiff-Appellant, v. Roy David SUMMERS, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided January 2, 1990.

Attorney(s) appearing for the Case

William Graham Otis, Senior Litigation Counsel (Henry E. Hudson, U.S. Atty., on brief) for plaintiff-appellant.

James Clyde Clark (Land, Clark, Carroll & Mendelson, on brief) for defendant-appellee.

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

WILKINS, Circuit Judge:

The United States appeals the sentence imposed on Roy David Summers, contending that the district court erred in granting a downward departure from the appropriate sentencing guidelines range. We vacate the sentence imposed and remand with instructions to impose a sentence consistent with this opinion.

I.

On September 27, 1988, an arrest warrant was served on Roy David Summers after he entered a vehicle parked outside an apartment...

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