9 November 2004 LAWFUEL – Law, legal, attorney, criminal law news Marcos Daniel Jiménez, United States Attorney for the Southern District of Florida; Jesus Torres, Special Agent in Charge, Immigration and Customs Enforcement; and Rear Admiral D. Brian Peterman, Commander – 7th Coast Guard District, United States Coast Guard, announced today an Indictment returned on November 5, 2004, in Miami, Florida, charging defendants, Adrian Martinez-Montero and German Jesus Rubi-Perez, with one (1) count of conspiracy to smuggle illegal aliens into the United States, in violation of Title 8, United States Code, Section 1324(a)(2)(A), and Title 18, United States Code, Section 371, and thirty-three (33) substantive counts of alien smuggling, in violation of Title 8, United States Code, Section 1324(a)(2)(A). Both defendants also were charged with unlawfully attempting to reenter the United States following an order of deportation, in violation of Title 8, United States Code, Section 1326(a)(1).
If convicted on the alien smuggling conspiracy count, the defendants face a maximum statutory term of one (1) year in prison. If convicted on the substantive alien smuggling counts, the defendants face a maximum statutory term of one (1) year in prison as to each count. If convicted on the attempted reentry after receiving an order of deportation count, defendant Rubi-Perez faces a maximum statutory term of imprisonment of twenty (20) years, and Adrian Martinez-Montero faces a maximum statutory term of imprisonment of two (2) years.
On October 12, 2004, a Customs and Border Protection (CBP) aircraft spotted a northbound vessel with twin outboard motors and numerous people onboard in Bahamian waters near the Cay Sal bank. Air and marine assets from the United States Coast Guard and CBP were deployed to track and intercept the vessel as it was heading for the United States. Two (2) marked CBP Air and Marine Interdiction Division (AMID) marine interceptor patrol boats located the go-fast vessel approximately nineteen (19) miles east of Cape Florida. The vessel refused to stop and attempted to flee. Ultimately, the AMID patrol boats successfully stopped the fleeing go-fast vessel approximately eleven (11) miles from the United States coast.
A total of thirty-three (33) aliens were onboard. Martinez was identified as the master of the go-fast vessel, and Rubi-Perez as a crewmember. All thirty-three (33) aliens were determined to be Cuban nationals who had not received prior official authorization to come to, enter, or reside in the United States. Martinez and Rubi-Perez were landed Cuban refugees, both with pending orders of deportation.
Mr. Jiménez commended the investigative efforts of the Immigration and Customs Enforcement, Customs and Border Protection, and United States Coast Guard. This case is being prosecuted by Assistant United States Attorney Dana Washington.
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