U.S. v. PORTILLO

No. 88-1766.

863 F.2d 25 (1989)

UNITED STATES of America, Appellee, v. Telesforo PORTILLO, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided December 12, 1988.

Rehearing and Rehearing Denied March 8, 1989.


Attorney(s) appearing for the Case

Henry J. Watson, Kansas City, Mo., for appellant.

Peter M. Ossorio, Asst. U.S. Atty., Kansas City, Mo., for appellee.

Before ARNOLD, FAGG and WOLLMAN, Circuit Judges.


Rehearing and Rehearing En Banc Denied March 8, 1989.

PER CURIAM.

Telesforo Portillo appeals the district court's1 denial of his Rule 35 motion to set aside his sentence. We affirm in part and reverse and remand in part.

I. BACKGROUND

On September 11, 1987, Portillo pleaded guilty to one count of knowingly and intentionally distributing cocaine in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B). The offense...

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