Cabaccang

BACKGROUND

The following facts are taken from the en banc opinion:

In the early 1990s, Roy Cabaccang began selling methamphetamine out of his house in Long Beach, California, to customers introduced to him by his younger brothers Richard and James. The Cabac- cangs eventually expanded their operation to include large-scale shipments of methamphetamine to Guam for local distribution. To transport the drugs to Guam, Roy recruited various people to fly from Los Angeles to Guam with packages of methamphet- amine concealed under their clothing. . . . After Roy’s associates sold the methamphetamine in Guam, they sent the proceeds back to California via courier and wire transfer. Each of the Cabaccang brothers received wire transfers of profits from the drug sales.

Cabaccang I, 332 F.3d at 623-24.

An indictment, returned in 1997, charged the Cabaccangs with the following counts: Count I, CCE, in violation of 21 U.S.C. § 848 (Roy); Count II, conspiracy to distribute methamphetamine, in violation of 21 U.S.C. §§ 841 and 846 (all three); Count III, conspiracy to import methamphetamine, in violation of 21 U.S.C. §§ 952(a), 960, and 963 (all three); Count IV, conspiracy to launder…