United States v. Harry Van Dyke

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 of over a kilogram of heroin and two loaded handguns. He subsequently pled guilty to possession with intent to distribute heroin in violation of 21 U.S.C.A. § 841(a)(1) (West 1981) and possession of a firearm…