United States v. 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This case was submitted on March 12, 2001, and withdrawn from submission on May 22, 2001.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(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…