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U.S. v. BELLAZERIUS

Nos. 93-3157, 93-3168.

24 F.3d 698 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Dino BELLAZERIUS, a/k/a Angelo Di Adonis, a/k/a Constantine Dino Adonis, a/k/a Charles Wesley Dicken, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Anthony Louis BILLA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 17, 1994.

Attorney(s) appearing for the Case

Robert F. Barnard, Asst. Federal Public Defender, John T. Mulvehill, Federal Public Defender, New Orleans, LA (court appointed), for appellant Bellazerius.

Herbert W. Mondros Asst. U.S. Atty., Harry Rosenberg, U.S. Atty., New Orleans, LA, for appellee in No. 93-3157.

Anthony Louis Billa, pro se.

Robert F. Barnard, Asst. Federal Public Defender, John V. Mulvehill, Federal Public Defender, New Orleans, LA, for appellant Billa.

Herbert Mondros, Asst. U.S. Atty., Harry Rosenberg, U.S. Atty., New Orleans, LA, for appellee in No. 93-3168.

Before POLITZ, Chief Judge, JONES, Circuit Judge, and FULLAM, District Judge.

POLITZ, Chief Judge:

Convicted on guilty pleas of conspiracy to manufacture methamphetamine in violation of 21 U.S.C. § 846, Dino Bellazerius and Anthony L. Billa appeal their sentences. Concluding that the career offender provisions of the Sentencing Guidelines should not have been applied, we vacate the sentences and remand.

Background

Bellazerius told undercover agents with the Drug Enforcement Administration that he and Billa were...

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