Cabaccang

ORDER RESUBMITTING IN PART

This case was submitted on March 12, 2001, and withdrawn from submission on May 22, 2001. We now resubmit the case on all issues other than those under Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000).

MEMORANDUM ***

In this consolidated appeal, Roy Cabaccang, James Cabaccang, and Richard Cabaccang appeal their convictions and sentences arising out of a drug conspiracy.

(1) Roy, James, and Richard argue that their convictions resting on the element of importation should be reversed because the district court erred by not instructing the jury on importation for each count that required it pursuant to 21 U.S.C. § 952 (a), and when the court did instruct the jury on importation, it did so incorrectly. We disagree.

First, we have clearly declared that transporting drugs from one point in the United States to another through or over international waters constitutes importation. See Guam v. Sugiyama, 846 F.2d 570 , 572, amended by 859 F.2d 1428 (9th Cir.1988); United States v. Perez, 776 F.2d 797, 800 (9th Cir.1985). Thus, there is importation when controlled substances enter Guam by an airplane flight from Honolulu,…