Cabaccang

MEMORANDUM *

James Toves Cabaccang and Richard Toves Cabaccang appeal the sentences imposed by the district court following our remand. 1 In United States v. Cabaccang, 332 F.3d 622 (9th Cir.2003) (en banc) (“Ca *751 baccang I ”), we held 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). 2 Id. at 623 . We therefore reversed the convictions on all of the importation-related counts of Roy, James, and Richard (collectively “Appellants”) and remanded to the district court to reconsider Roy’s conviction for a continuing criminal enterprise. Id. at 637 . We affirmed the judgment of the district court on the counts that were not importation-related, adopting the decisions of the three-judge panel with respect to those counts. Id.

Appellants then filed a motion for clarification of the remand, asking us to remand James’ and Richard’s convictions and sentences on Count II of the indictment, conspiracy to distribute methamphetamine, and to remand Roy’s conviction and sentence on Count VI, possession with intent to distribute…