Tuesday, October 13, 2009
Cuban spy resentenced
Posted by David Markus
Antonio Guerrero, who was originally sentenced to life, was just resentenced to almost 22 years in prison by Judge Lenard after the case was remanded by the 11th Circuit. The parties had agreed to 20 years in prison, but Judge Lenard found that the case warranted a higher sentence.
Guerrero has about 11 more years to go, but that's a whole lot better than life. Two other spies will have their resentencings soon.
Prior blog coverage here.
Interestingly, the Supreme Court granted cert in Jeff Skilling's case today, which raises a similar issue to that of the Cuban 5 -- can "searing media attacks" taint a criminal trial. The case also raises questions about the honest services statute, which the New York Times highlighted today in the Conrad Black case.
I like this parenthetical in the article:
(The appeals court decision affirming Mr. Black’s conviction, by Judge Richard A. Posner of the United States Court of Appeals for the Seventh Circuit, in Chicago, contained perhaps the best judicial digression of 2008. Discussing a so-called ostrich jury instruction, Judge Posner paused to say that ostriches do not in fact bury their heads in the sand. “It is pure legend and a canard on a very distinguished bird,” he wrote.)