United States v. Bradley Scott Summers

Bradley Scott Summers appeals from an order sentencing him to 210 months imprisonment, with a three year term of supervised release, for bank robbery, in violation of 18 U.S.C. § 2113 (a). Summers contends that the district court erred in refusing to apply the two-point reduction for acceptance of responsibility to career offenders. He also advances various constitutional challenges to the federal Sentencing Guidelines (“Guidelines”) that were promulgated pursuant to The Sentencing Reform Act of 1984, 18 U.S.C. §§ 3551-3625 , 3673, 3742, 28 U.S.C. §§ 991-998 . We uphold the constitutionality of the Guidelines and affirm the court’s refusal to apply the reduction.

BACKGROUND

On December 1, 1987, Summers robbed the Far West Savings Bank in Tigard, Oregon. He was apprehended shortly thereafter with the demand note and $965.00 in his possession. Summers was subsequently indicted for this and an earlier bank robbery. He pled not guilty at his arraignment on December 31, 1987. On May 19, 1988, he filed a motion to enjoin the application of the Guidelines to his case on the basis that they were unconstitutional. On March 21, 1988, Summers changed his plea to guilty on the December 1…