Monday, February 16, 2015

Details on Commutations Granted by Obama to 3 Cuban spies

President Obama on December 17th didn't have much to say about the release of three Cuban spies that had planned terrorist acts on U.S. soil. However the US Department of Justice offered a few more details on the release of Antonio Guerrero, Gerardo Hernandez, and Luis Medina III.

December 15, 2014


Antonio Guerrero
 Offense: Conspiracy to commit an offense against the United States, 18 U.S.C. § 371; conspiracy to gather and transmit national defense information, 18 U.S.C. § 794(c); acting as an agent of a foreign government without prior notification to the Attorney General, 18 U.S.C. § 951

District/Date: Southern Florida; December 27, 2001

Sentence: 262 months' imprisonment (as amended on October 13, 2009); five years' supervised release

Terms of Grant: Sentence of imprisonment to expire on December 17, 2014, term of supervised release commuted in its entirety, and any unpaid balance of the special assessment remitted; conditioned on commutation recipient's departing from the United States on December 17, 2014, voluntarily renouncing his United States citizenship within two weeks of December 17, 2014, thereafter remaining outside the limits of the United States, its territories and its possessions, not accepting or receiving any financial benefit from any book, movie or other publication or production about his situation, renouncing any claim to benefits, including benefits under the Old Age, Survivors, and Disability Insurance Program, related to employment while in the United States, and waiving and releasing any and all claims against the United States of America, its agents, servants and employees, including any actions challenging his conviction or sentence

Gerardo Hernandez
Offense: Conspiracy to commit an offense against the United States, 18 U.S.C. § 371; conspiracy to gather and transmit national defense information, 18 U.S.C § 794(c); conspiracy to commit murder, 18 U.S.C. § 1117; fraud and misuse of documents, 18 U.S.C § 1546(a); possession with intent to use five or more fraudulent identification documents, 18 U.S.C. § 1028(a)(3); acting as an agent of foreign government without prior notification to the Attorney General, 18 U.S.C. § 951

District/Date: Southern Florida; December 12, 2001

Sentence: Life imprisonment; five years' supervised release

Terms of Grant: Sentence of imprisonment to expire on December 17, 2014, term of supervised release commuted in its entirety, and any unpaid balance of the special assessment remitted; conditioned on commutation recipient's departing from the United States on December 17, 2014, thereafter remaining outside the limits of the United States, its territories and its possessions, not accepting or receiving any financial benefit from any book, movie or other publication or production about his situation, renouncing any claim to benefits, including benefits under the Old Age, Survivors, and Disability Insurance Program, related to employment while in the United States, and waiving and releasing any and all claims against the United States of America, its agents, servants and employees, including any actions challenging his conviction or sentence

Luis Medina III, aka Ramon Labanino
Offense: Conspiracy to commit an offense against the United States, 18 U.S.C. § 371; conspiracy to gather and transmit national defense information,18 U.S.C. § 794(c); fraud and misuse of documents, 18 U.S.C. § 1546(a); false statement in passport application, 18 U.S.C. § 1542; possession with intent to use five or more fraudulent identification documents, 18 U.S.C. § 1028(a)(3); acting as an agent of a foreign government without prior notification to the Attorney General, 18 U.S.C. § 951

District/Date: Southern Florida; December 13, 2001

Sentence: 360 months' imprisonment (as amended on December 8, 2009); five years' supervised release

Terms of Grant: Sentence of imprisonment to expire on December 17, 2014, term of supervised release commuted in its entirety, and any unpaid balance of the special assessment remitted; conditioned on commutation recipient's departing from the United States on December 17, 2014, thereafter remaining outside the limits of the United States, its territories and its possessions, not accepting or receiving any financial benefit from any book, movie or other publication or production about his situation, renouncing any claim to benefits, including benefits under the Old Age, Survivors, and Disability Insurance Program, related to employment while in the United States, and waiving and releasing any and all claims against the United States of America, its agents, servants and employees, including any actions challenging his conviction or sentence.

Source: http://www.justice.gov/pardon/obama-commutations

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