PORTILLO v. UNITED STATES

No. 76-1834.

588 F.2d 714 (1978)

Samuel PORTILLO, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied December 27, 1978.


Attorney(s) appearing for the Case

Albert G. Freeman, Jr. (argued), Tucson, Ariz., for petitioner-appellant.

Gerald S. Frank, Asst. U. S. Atty. (argued), Tucson, Ariz., for respondent-appellee.

Before BROWNING, ELY, HUFSTEDLER, WRIGHT, TRASK, CHOY, GOODWIN, WALLACE, SNEED, KENNEDY and ANDERSON, Circuit Judges.


EUGENE A. WRIGHT, Circuit Judge:

This appeal from a denial of relief under 28 U.S.C. § 2255 (1970) raises the question: Did the sentencing judge improperly deny Portillo's § 2255 petition to amend a sentence allegedly enhanced by the judge's reliance on a prior conviction rendered invalid under the Fourth Amendment?

Following the calendaring of this appeal, the panel directed that submission be deferred, and the cause was submitted for en banc consideration...

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