United States v. Napolean Tellio, United States of America v. Luis Rodriguez Recio

24 F.3d 252 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. UNITED STATES of America, Plaintiff-Appellee, v. Luis Rodriguez RECIO, Defendant-Appellant. Nos. 92-50763, 93-50351. United States Court of Appeals, Ninth Circuit. Submitted April 4, 1994. * Decided April 20, 1994. 1 Before: HALL, LEAVY and FERNANDEZ, Circuit Judges 2 MEMORANDUM ** 3 Napolean Tellio and Luis Rodriguez Recio appeal the sentences which were reinstated by the district court after this court vacated the sentences and remanded for factual findings. We affirm in part, but vacate the sentences and remand in part. DISCUSSION A. Tellio 4 In Tellio's first sentencing, the district court accepted the conclusion in the presentence report that Tellio was responsible for 650 kilograms of cocaine, which resulted in a sentencing range of 262-327 months (level 38). The court departed below that range and sentenced Tellio to 252…