UNITED STATES v. ORTIZ

No. 76-1500.

545 F.2d 1122 (1976)

UNITED STATES of America, Appellant, v. Archibaldo ORTIZ, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided December 2, 1976.


Attorney(s) appearing for the Case

Allen L. Donielson, U. S. Atty., and William D. Scherle, Asst. U. S. Atty., Des Moines, Iowa, for appellant.

Michael J. Laughlin, Des Moines, Iowa, for appellee.

Before VAN OOSTERHOUT, Senior Circuit Judge, and HEANEY and HENLEY, Circuit Judges.


PER CURIAM.

This is a timely appeal by the Government from the judgment of the district court entered April 18, 1976, granting petitioner Ortiz's § 2255 motion to vacate sentence imposed upon Ortiz following his guilty pleas to three counts of an indictment involving heroin offenses. The judgment vacates the guilty pleas entered to each of the three counts on October 9, 1973, and the sentences thereafter imposed, and provides that Ortiz will be permitted to plead...

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