United States v. James Cabaccang, United States of America v. Richard T. Cabaccang, United States of America v. Roy Toves Cabaccang

341 F.3d 905, 2003 Daily Journal DAR 9715, 2003 U.S. App. LEXIS 17756, 2003 WL 22012567

Opinions

Order; Special Concurrence by Judge GRABER; Dissent by Judge KOZINSKI

ORDER

In United States v. Cabaccang, 332 F.3d 622, 637(9th Cir.2003), we remanded Roy Cabaccang’s conviction on Count I for reconsideration in light of our holding that he did not violate 21 U.S.C. § 952. We now GRANT appellants’ motion for clarification as to Count VI, and we remand that count to the district court. If the district court affirms Roy Cabaccang’s conviction on Count I, his conviction and sentence on Count VI shall stand. If the district court reverses the conviction on Count I, it shall reconsider Roy Cabaccang’s sentence on Count VI. We DENY appellants’ motion to remand the remaining counts, including Count II, to the district court.