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Saturday, February 03, 2007

Cuba Smugglers Sentenced - US Attorney Reports On Smuggling Involving Cuban Death

Posted on Wednesday, January 31, 2007
Cuba Smugglers Sentenced - US Attorney Reports On Smuggling Involving
Cuban Death

LAWFUEL - Florida Law News - R. Alexander Acosta, United States Attorney
for the Southern District of Florida, Rear Admiral David W. Kunkel,
Commander 7th Coast Guard District, and Anthony V. Mangione, Acting
Special Agent in Charge, U.S. Immigration and Customs Enforcement,
announce that defendant Amil Gonzalez-Rodriguez, Rolando
Gonzalez-Delgado and Heinrich Castillo-Diaz were sentenced earlier today
by United States District Court Judge K. Michael Moore to twelve (12)
years' imprisonment for their roles in an alien smuggling venture that
resulted in the death of a Cuban migrant.

These sentences are the result of the government's investigation into
the circumstances surrounding a July 8, 2006, migrant smuggling
operation. On July 8, 2006, at approximately 5:45 a.m., the United
States Coast Guard interdicted a vessel carrying 31 Cuban migrants and
three crew members. The vessel, an unregistered 36-foot go-fast boat,
refused the Coast Guard's orders to stop and accelerated to evade
capture despite rough seafaring conditions. The Coast Subsequently
stopped the vessel near Boca Chica, Florida, following a chase and took
the three defendants and 31 Cuban migrants into custody. A young migrant
woman sustained severe injuries during the smugglers' attempt to flee
the Coast Guard, and subsequently died. Two additional migrants were
landed because they needed medical attention.

All three defendants were charged with involuntary manslaughter,
conspiracy to smuggle aliens into the United States resulting in death,
alien smuggling resulting in death, conspiracy to smuggle aliens for
profit, alien smuggling for profit, unauthorized entry into Cuban
territorial seas, and failure to heave to a Coast Guard vessel.

On October 3, 2006, Gonzalez-Rodriguez and Gonzalez-Delgado both pleaded
guilty without a plea agreement to all counts of a 68-count Indictment.
Subsequently, Gonzalez-Rodriguez was found guilty by a jury on October
12, 2006, after a one-week trial on charges of conspiracy to smuggle
aliens into the United States and providing false information to a
federal law enforcement officer during the boarding of a vessel.

At the sentencing, a United States Coast Guard Commander testified about
alien smuggling in South Florida and the inherent dangers associated
with this crime. Specifically, Commander Howard White testified about
the number of recent deaths, injuries, and associated with alien
smuggling in the Southern District of Florida. Judge Moore commended the
United States government for its efforts to aggressively prosecute alien
smuggling cases and for calling a witness from the United States Coast
Guard to provide detailed information about the problem in South Florida.

Gonzalez-Rodriguez was sentenced to one hundred and forty-four (144)
months imprisonment; three (3) years supervised release and a two
hundred dollar ($200) special assessment. Gonzalez-Delgado was sentenced
to one hundred and forty-four (144) months imprisonment; three (3) years
supervised release; a two-thousand-five hundred dollar ($2500) fine and
a six-thousand seven-hundred dollar ($6700) special assessment.
Castillo-Diaz was sentenced to one hundred and forty-four (144) months
imprisonment; three (3) years supervised release and a six-thousand
seven-hundred dollar ($6700) special assessment.

U.S. Attorney Alex Acosta stated, "Migrant smuggling ventures cost much
more than money. The real cost of human smuggling is in human lives. In
2005, fifteen migrants lost their lives at sea in failed smuggling
attempts. Seven more died at sea in 2006. The U.S. Attorney's Office is
committed to prosecuting these cases aggressively to ensure that all
individuals associated with human smuggling operations are brought to
justice."

"Justice was delivered today and those responsible for the death of Anay
Machado-Gonzalez have been held accountable for their reckless and
lawless actions," said Lt. Cmdr. Chris O'Neil, public affairs officer
for the Seventh Coast Guard District. "Migrant smugglers, and those who
pay them, should view the outcome of this case as a demonstration of our
resolve to end this dangerous and criminal behavior. Because there is a
controlled, safe and legal means of migration to the United States,
there is no reason to engage migrant smugglers or otherwise make
dangerous attempts to illegally enter the United States from the sea."

"Alien smuggling organizations are driven by greed with no regard for
human life," said Anthony V. Mangione, Acting Special Agent in Charge of
the ICE Office of Investigations in Miami. "Today's sentencing should
send the message that ICE will continue investigating those who seek to
profit at the expense of others. While we are pleased that these
smugglers have been sentenced to serve 12 years in prison for the crime
that they committed, the fact remains that a woman tragically died as a
result of their careless disregard for her life. Our thoughts and
prayers remain with the victim's family."

Mr. Acosta commends the investigative efforts of the United States Cost
Guard, Immigration and Customs Enforcement (ICE), and Customs and Border
Protection (CBP). The sentencing was handled by Assistant United States
Attorney Scott Ray.

A copy of this press release may be found on the website of the United
States Attorney's Office for the Southern District of Florida at

www.usdoj.gov/usao/fls. Related court documents and information may be
found on the website of the District Court for the Southern District of
Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.

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