Texte intégral
1The Honorable Robert W. Pratt, Chief Judge, United States District Court for
the Southern District of Iowa.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 06-3911
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United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the
* Southern District of Iowa.
Santos Fidel Portillo, *
* [UNPUBLISHED]
Appellant. *
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Submitted: May 7, 2008
Filed: May 27, 2008
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Before MURPHY, JOHN R. GIBSON, and BENTON, Circuit Judges.
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PER CURIAM.
Santos Fidel Portillo was found guilty by a jury of conspiring to distribute and
distributing methamphetamine. After this court twice vacated his sentence and
remanded for resentencing, the district court1 imposed a 188-month prison sentence.
On his now third appeal, Portillo argues that the district court erred in denying him the
opportunity to object to the obstruction-of-justice enhancement because this court did
not specifically resolve the issue in either of its remands.
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-2-
We conclude that the district court properly refrained from considering the
issue, as it could have been raised in Portillo’s first appeal. See United States v.
Thompson, 335 F.3d 782, 784-85 (8th Cir. 2003). Accordingly, the judgment is
affirmed.
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