United States v. Roy David Summers

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 complex in Fairfax, Virginia. A search of the vehicle resulted in the seizure of three kilograms of cocaine base (crack) and one-half kilogram…