The charges of a) Conspiring to commit crimes against the United States and b) Conspiring to commit acts of espionage are practically the same. Yet the maximum penalty was applied on both counts. No proof exists to indicate any conspiracy to commit a crime. As to the espionage charge, in what must be without a precedent, Antonio was convicted without proof or witnesses to indicate that he had sought or obtained information that could be detrimental to the USA. In fact, there were witnesses that specifically denied he had practiced espionage: Generals Clapper, Whilelm and Atkeson, Admiral Carroll and Colonel Buckner.

As far as c) Conspiracy to act as an unregistered foreign agent is concerned, to be convicted of this charge the accused had to have demonstrated that he knew of this law beforehand. Although in general not knowing the law does not relieve a citizen of their civic responsibilities, there are unusual cases such as this where an accused has been exonerated because the applicable statute was not common knowledge. The civil and political rights of Antonio Guerrero, a US citizen by birth, were thereby violated.