United States v. Archibaldo Ortiz

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 anew to the charges against him. The judgment was stayed pending resolution of the matter on appeal.

The offenses charged in the indictment…