United States v. Napoleon Tellio

53 F.3d 341 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Napoleon TELLIO, Defendant-Appellant. No. 94-50412. United States Court of Appeals, Ninth Circuit. Submitted April 19, 1995. * Decided April 27, 1995. Before: BROWNING, SNEED and T. G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Following two remands for resentencing, Napoleon Tellio again appeals his sentence and the district court's refusal to allow him to withdraw his guilty plea. We have jurisdiction under 28 U.S.C. Sec. 1291 and affirm. I. 3 Tellio pled guilty to possession with intent to distribute approximately 306 kilograms of cocaine in violation of 21 U.S.C. Sec. 841 (a)(1). He was sentenced to 252 months imprisonment. We affirmed the district court's decision to sentence the defendant as a minor (rather than minimal) participant, but vacated and remanded to allow the district court to make express findings regarding whether Tellio was properly held…