United States v. William Chippas

William Chippas appeals from the district court’s denial of his motion to correct an illegal sentence filed under former Rule 35(a). We affirm in part and reverse in part.

Chippas was convicted of distributing cocaine in violation of 21 U.S.C. § 841(a)(1), and conspiracy to possess cocaine with intent to distribute in violation of 21 U.S.C. § 846. On direct appeal, this court, in United States v. Padilla, 869 F.2d 372 (8th Cir.), cert. denied, 492 U.S. 909, 109 S.Ct. 3223, 106 L.Ed.2d 572 (1989), relying on United States v. Portillo, 863 F.2d 25, 26 (8th Cir.1988) (per curiam), vacated…