United States v. Telesforo Portillo

Telesforo Portillo appeals the district court’s 1 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 involved 500 grams or more of cocaine and occurred on July 2, 1987. On November 6,1987, the district court, pursuant to section 841(b)(1)(B), sentenced Portil-lo to ten years imprisonment, to be followed by four years of mandatory supervised release, and…