United States v. Santos Fidel Portillo
Court of Appeals for the Eighth Circuit
1Opinion of the Court
BENTON, Circuit Judge.
Santos Fidel Portillo was convicted of conspiracy to distribute methamphetamine (one count) and distribution of methamphetamine (four counts). On remand, after calculating the advisory Guidelines range as 188 to 235 months, the district court resentenced Portillo to 120 months, the statutory minimum. The government appeals. Having jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742, this court reverses and remands.
Portillo was originally sentenced to 135 months. In United States v. Portillo, 108 Fed.Appx. 423 (8th Cir.2004), this court vacated his sentence and…
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