Samuel Portillo v. United States

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for en banc consideration, together with Farrow v. United States, No. 74-2429 (9th Cir. Sept. 24, 1976) (opinion withdrawn Apr. 14,1977). In the en banc opinion in…