Court denies appeal for Rodrigues

The former UPW chief was convicted in 2002 of embezzlement, mail fraud and other crimes

The 9th U.S. Circuit Court of Appeals has rejected former United Public Workers Union leader Gary Rodrigues' petition to reconsider his appeal of his 2002 convictions.

The appellate court also denied Tuesday in a memo Rodrigues' request for a hearing before the full court.

On June 11 a three-judge panel of the 9th Circuit upheld Rodrigues' 2002 convictions on conspiracy, mail fraud, embezzlement and money laundering charges. They also affirmed the conviction of his daughter, Robin Haunani Rodrigues Sabatini, on similar charges.

San Francisco-based attorneys for Rodrigues and his daughter could not be reached. However, Sabatini's Honolulu attorney, Victor Bakke, said the case is not over.

"We anticipate filing a stay with the 9th Circuit Court of Appeals of their decision so we can file a cert petition in the U.S. Supreme Court," he said.

But federal prosecutors do not believe that the 9th Circuit will issue a stay, particularly after denying the rehearing. And Assistant U.S. Attorney Florence Nakakuni called the chances of the U.S. Supreme Court deciding to hear the case "very remote."

The case will go back to U.S. District Judge David Ezra to determine whether he would give the same sentences that he imposed back in October 2003 had the sentencing guidelines been advisory instead of mandatory, Nakakuni said.

In October 2003, Ezra sentenced Rodrigues to five years and four months in federal prison and ordered $378,104 in restitution.

Sabatini was sentenced to three years and 10 months in prison and $377,000 in restitution.

Both father and daughter have been allowed to remain free since their Nov. 19, 2002, convictions in U.S. District Court and while their appeal went forward.

Rodrigues was found guilty of negotiating consulting fees for the UPW's medical and dental contracts and funneling those fees to his daughter. He was also found guilty of accepting kickbacks in connection with the union's employee welfare benefit plan.