THE federal court yesterday ordered the release of former Finance Secretary Antonio R. Cabrera pending his appeal over his conviction for stealing government funds.
U.S. District Court Judge Alex R. Munson said the court finds that Cabrera has met his burden of proving that he does not pose a flight risk or a danger to the community.
Munson ordered Cabrera to report to the U.S. Probation Office within 96 hours from his release.
Cabrera has been detained in a federal prison in California, Variety learned. Munson said that upon appearing at the Probation Office, the defendant will execute an unsecured appearance bond of $50,000 and provide a 3rd party custodian or show why such custodian is not necessary.
The judge commanded the U.S. Marshals Service to provide Cabrera with $99 for lodging and $46 for subsistence for one day.
In Oct. 2000, a jury found Cabrera guilty of three counts of theft concerning programs receiving federal funds. The jury, however, found him not guilty of two counts of bribery concerning programs receiving federal funds.
In Feb. 2001, Munson sentenced Cabrera to 33 months imprisonment.
Munson also ordered the 41-year-old Cabrera to pay $56,461.98 in restitution to the court for disbursement to the CNMI’s Department of Finance, a $15,000 fine and a $300 special assessment fee.
Cabrera, through attorney Bruce Berline, then moved for his release pending the outcome of his appeal before the U.S. Court of Appeals for the 9th Circuit.
Berline said Cabrera’s appeal raises a substantial issue of law: “Whether the government is required to prove that defendant’s conduct implicated the federal funds received by the CNMI in order to prosecute him under the (law).”
Last March, Munson denied Cabrera’s motion for release. The judge ruled that the defendant has not met his burden of showing that his appeal raises a substantial question of law.
Last May 10, the 9th Circuit ruled that the appeal raises a “substantial question” of law or fact that is likely to result in reversal, an order for a new trial, or a sentence that does not include a term of imprisonment on all counts on which incarceration has been imposed.
