United States v. Napolean Tellio

977 F.2d 594 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Napolean TELLIO, Defendant-Appellant. No. 91-50062. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 2, 1992. Decided Sept. 30, 1992. Before D.W. NELSON and DAVID R. THOMPSON, Circuit Judges, and LYNCH, District Judge. * MEMORANDUM ** OVERVIEW This case involves a conspiracy between ten defendants to import approximately 650 kilograms of cocaine into the United States from Guatemala. Appellant Tellio pled guilty on the second day of trial to possession with intent to distribute 306 kilograms of cocaine as charged in count four of the five count indictment. He was sentenced to 252 months in prison. Tellio appeals his sentence on the grounds that the district judge erred both in sentencing him as a minor rather than a minimal participant and in calculating his base offense level based on the entire amount of cocaine involved in the conspiracy…