United States v. Roy Toves Cabaccang

This appeal comes to us following our remand to the district court for resentenc-ing. Roy Toves Cabaccang, James Toves Cabaccang, and Richard Toves Cabac-eang were convicted on numerous charges relating to a drug ring that involved the shipment of methamphetamine from California to Guam and its distribution in Guam. We affirmed their convictions and sentences in two unpublished memoranda dispositions. We subsequently held en banc, however, that the transport of drugs on a nonstop flight through international airspace from one location in the United States to another does not constitute importation within the meaning of 21 U.S.C. § 952 (a). United States v. Cabaccang, 332 F.3d 622 (9th Cir.2003) (en banc) (“Cabaccang /”). We therefore reversed all three of the Cabaccangs’ importation-related convictions and remanded for the district court to reconsider Roy’s conviction for a continuing criminal enterprise (“CCE”) because the CCE charge relied, in part, on the importation charges as predicate offenses. We affirmed the convictions that were not importation-related and adopted the decisions of the prior, three-judge panel with respect to those counts. Id. at 637 .

The Cabaccangs then…