Wednesday, February 15, 2017

El Mochomo files to rescind guilty plea and Chapo Update

by Chivis Martinez for Borderland Beat
El Mochomo filed with the court to withdraw his guilty plea 
                 
 From the motion filing:
Court of Appeals considers “three factors in reviewing denials of motions to withdraw: ‘(1) whether the defendant has asserted a viable claim of innocence; (2) whether the delay between the guilty plea and the motion to withdraw has substantially prejudiced the government's ability to prosecute the case; and (3) whether the guilty plea was somehow tainted.’” West, 392 F.3d at 455. The District Court has broad discretion is reviewing a motion to withdraw a guilty plea. See, e.g., United States v. Hanson, 339 F.3d 983 (D.C. Cir. 2003).

Which do you guess is the basis of withdrawal he is using?

If you guessed (3) you are correct. And he has a good shot at being victorious at some point, maybe appeal.  I have a mountain of documents and opinion to peruse, and little time, but I am working on an overview.  As I previously reported, Mochomo was extradited on limited charges, and no ROS waiver.  Such a waiver is given by Mexico to allow or give permission to the United States to add charges subsequent to the extradition.


Then the U.S. did just that, they unloaded on the defendant. But there is no waiver.
           The judge, in a fast turn around ruling denied the request.  I am attempting to                                        determine where the motion goes from here. It was resubmitted and again denied, supposedly              there was a hearing yesterday, I will update as information is available. see ruling:
MINUTE ORDER denying [226] Motion for Reconsideration as to ALFREDO BELTRAN LEYVA and denying [227] Motion to Withdraw Plea of Guilty as to ALFREDO BELTRAN LEYVA. Defendant's motions are hereby DENIED. A memorandum order stating the Court's reasons is forthcoming on Monday, February 13, 2017. The sentencing hearing will go forward as scheduled on Tuesday, February 14, 2017. SO ORDERED. Signed by Judge Richard J. Leon on 2/10/2017. 
In the case of El Chapo, there is a waiver. And in his case the U.S. unloaded charges on him post extradition.  He is crying foul because he refused to sign the waiver presented to him by Mexican authorities.  He is waging a battle on the same grounds as Mochomo, but in Chapo’s case it is a different situation as Mexico did have the agreement with the U.S. before extradition.  Chapo claims the extradition is unlawful because of the waiver.  Additionally, he was without legal representation when asked to sign, and he was not given a copy.  The U.S. has refused to give him a copy as well.  They offered to allow he and representation time to read the waiver, but no copy.

On last Friday, the judge in Chapo’s case issued a ruling regarding the withheld waiver copy:

The Government has the choice of either turning over the redacted waiver or responding to any motion defendant may make under the rule of speciality on the basis that there is no waiver. Ordered by Judge Brian M. Cogan on 2/11/2017. Motion to withdraw guilty


47 comments:

  1. Senor Beltran will beat the odds and all of Mexico better watch out he will be sipping margaritas and enjoying his wealth peacefully

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    1. Truly doubt that scenario my friend. He has to atone for his activities which are not minor.
      Funny how current circumstances of detainees extradited to US claim fowl play. Fighting and tearing of life's injustices.
      This is not Mexico where u can buy your way out. Welcome to America my friends and hope you enjoy your stay. By the way room service is at 6.30 am -11.45amand 5 pm. Please inform front desk if you like tea with that.

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    2. You think he will live peacefully if he returns to Mexico? Watching over your back is not a peaceful living.

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    3. @8:23 you talk of him like he is a innocent law abiding citizen that is why this world is like it is

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    4. Before you enjoy your wealth and your infamy as a free man you have to pay for your crimes. Its just how it works you have to pay before you can relax and play.

      Look at Jhon Jairo Velasquez down in Colombia. He killed 350+ people, went to jail for 23 years to pay for his crimes, and now he has a TV program that's been made on his life and is currently airing every night. He is enjoying his freedom, his infamy, and the money he's making from the legend he built for himself... but he first had to pay for his crimes. You just have to pay some jail time, there's no one on this planet that can commit countless crimes and not pay a day in jail and still enjoy their blood money in peace.

      Osiel Cardenas is on his way to enjoying his blood money soon. He won't be very old when he gets out, I think he struck a pretty good plea bargain that will get him out right when his white hairs start growing out. Estara peinando sus canas cuando salga de prision pero va ser hombre libre y con plata.

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    5. 1.22
      "Senor Beltran will beat the odds and all of Mexico better watch out"
      And partly why Mexico is messed up,the glorification and heroic light these people are universally given ?

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  2. Any criminal attys or attys with federal experience I would love to have you weigh in about the adding of charges...without ros waiver. wouldn't that be favorable on appeal? I don't expect anything to happen at this level, in fact I believe the judge is in CYA protecting the case which is why he called for the hearing and the midnight hour. I am really curious....I have a great legal mentor who helps me navigate thru the legal fog...and this is a very foggy case. paz

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    1. When is his next court date

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  3. chivis couldn't have put it better!!

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  4. How many times is this guy going to admit guilt then go back on it? Face it the BLO are done. Just in the last months they been killed or arrested all over the country.

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    1. Well, clearly their admissions of guilt are done in the throws of illegal torture. You don't have to be an idiot every day.

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  5. Under extradition treaties, additional charges can be added to a "fugitive" regardless of the initial basis for the extradition. That being said, Leyva is a wanted fugitive in US custody. Hence, he is answerable to any and all pending or future indictments/charges against him and any co-defendants. He is in the custody and care of the United States and if there are pending warrants against him, like all others claiming such a lame defense he will be tried for those crimes. Too, the option of the judge "CYA" is nonsense, the defense is trying a very deadly maneuver and the proceedings by law have to go forward. The federal system is tricky and the defense attorney is taking a gamble that won't payoff. Extraditable's are just that and once in US custody anything pending will also go forward. The US Supreme Court has stood behind "illegal" extraditions and extraditions which included kidnapping the fugitive in a foreign contry and trying him/her in the US judicial system. The foreign country can file a "dispute" but 100% of all cases have the US retaining jurisdicition and additional indictments/charges. The precedent is the Ker-Frisbie Doctrine.

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    1. Just googled that Ker-Frisbie thingy and was reading several articles. It seems usa officials can actually do what they want to get the fugitive and to violate any treaty once he is on usa jurisdiction. So these cartel criminals don't have a leg to stand on. You are here now so you are going to do the time! This ain't Burger King and you don't get it your way!!

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    2. I'm in no way a lawyer or anything of the kind, but if you look at the history of USA basically if hey want you then you're going down. They've extradited him already. He's done for. They simply won't allow these little tricks to play in his favor unless If Jonny cochoran was still alive then he could play the race card, worked for OJ. Cool to read input from people who actually know.

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    3. Yeah! right? Fuck the law. Fuck respect for treaties. Except when it starts happening to us. Our hubris has contaminated our brain so much that we actaully think adherance to the rule of law is the wrong way to go. Chapo's rights must be respected. Mochomos rights must be respected. The rules must be respected in order for all of this freedom thing to work. Freedom over security is what is necessary. Security over freedom is for those nut licking treasonous un-american whores. Cowards.

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    4. That's how we got Noreiga and his defense didn't work either. Several other high profile fugitives were snatched and their defenses didn't work either. The key is once you are physically in the US, it is basically over for you. Regardless of the way you got here or the process(es) to bring the body to the US legally or illegally, once you violated the laws of the US you are liable for the consequences (once you are here) Ker/Frisbie says basically who cares of what the US did to violate the fugitive's alleged rights or a countrys extradition treaty. And the US Supreme Court actually agrees. These Mexican drug lords are done once they get here.

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    5. Sounds like it's the same in Mexico too.The Embassy will tell you that they can't interfere in the laws of another country,only make sure you are fed.I heard this personally from an Embassy Employee in Mexico City I overheard talking on the phone to a relative that had someone jailed in Mexico and I'm sure it's the same in most countries.

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  6. All the chapo's and mayo's were going to testify against this guy...now the tortilla flipped lets see what happens...

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  7. Mochomo case/chapo case/Chino case...are all intwined

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  8. What a crazy mess this is.Why can't the US government do the R.I.C.O act on all of them? We all know 100% of their wealth is crime related! How are their families living a rich lifestyle? Cut off all of the Financials of family members.

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    1. Look at edgar valdez beltrans twitter. Kids driving ferraris and rolls royces and his dad is la barbie. Idk how the families can keep all that money

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  9. U.S., Mexico authorities dismantle catapult used to launch drugs over border near Douglas | Local News Stories | douglasdispatch.com

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  10. Chapo snitched!

    Unlike most times where we joke about chapo snitching... he really did snitch on El Mochomo and got him arrested.

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    1. Dam so maybe chapo snitched on him but chapo he is a big criminal so his word don't count

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    2. Would be interesting to see an infographic with who snitched on whom when and who has flipped. Talk about a tangled web!

      didn't Barbie snitch on Arturo BL? ABL died in a bloody shootout and the authorities picked up Barbie walking along the main highway to Cuernavaca.

      Also, several kinds of snitching. Providing tips on your competition's movements to police, army, etc. (what Chapo did to Mochomo) is more like espionage/counterinsurgency tactics. There are full-time stool pigeons "informants" who make a living selling information to investigators. And then there are those who when busted rat out their partners to get a better deal. And those who make up information in double-cross snitching. If there's no honor among thieves there sure isn't any among snitchers.

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    3. @6:03

      The only thing is Mochomo wasn't Chapos competition, he was actually working for chapo. Chapo ratted him out in exchange for the release of his son. So this was not no espionage/counterinsurgency tactic. It was a plain out snitching to save his sons Ass

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    4. Narc Damaso snitched, and let Chapo take the blowback.

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  11. I would like the snitching by all arrested to include agents on both sides of the wall (to be) so this gets into the case of the decade

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  12. Chivis or anybody, what ever happened to "El Zar" or "El Beto" Jesús Albino Quintero Merez?

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    1. He's working with Rafael Caro Quintero cousin el cadete BLO

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    2. 8:51, Thanks. That makes sense as he was close to El Botas Blancas y El Mochomo.

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  13. how do yoy know chapo snitched? mochomo himself said chapo didnt rat him out. also, many men other than chapo to stood to benefit from mochomos imprisonment. the only person claiming he snitched was botas cocas, i mean botas blancas...

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    1. Maybe Damaso snitched??

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    2. Old news man! Mochomo was trying to stop a war by saying that. You think el botas was stupid? He knew everyone was receiving money. They already had problems with chapo since 2007, that was the last straw. It was obvious el chapo snitched he always started problems with every other cartel.

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  14. El botas blancas or Arturo Beltran had the SIEDO on his payroll he had the top of the top politicians in his pocket he paid each person that he had in the SIEDO 450,000 dollars a month and only 5 were later arrested for having received money from Arturo Beltran Leyva and those are the ones that got caught , they are the ones that told him that Chapo made a deal to turn in Mochomo in exchange for the release of his son Ivan Archivaldo . After they arrested his brother he had his lieutenant El Grande meet up with those people and tell them that Arturo was pissed and wanted to know which person he was going to kill first because they all received money from him and no one tipped off him or his brother about the operation to capture his brother . ( El grande mentions this when he was later arrested and interview by the government ) This is why Arturo Beltran ordered the hit on Chapos other son Edgar Guzman killing him in Culiacan also ordering the hit on Edgar Millan the highest government oficial to have been killed at his time for ordering the operation where el Mochomo was captured. Everyone knows this

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    1. Your right except the killing of el Moreno!

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  15. Who were more powerful in their prime. Arellano Felix or Beltran Leyva?

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    1. Beltran Leyva had more political straight from los pinos I think Beltran!

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    2. Beltran Leyvas . Arturo was el jefe de jefes after Amado died. He was the leader of the federation. Just look at where all the brothers were. Arturo worked in all of Mx at the time in monterrey and Guerrero. Mochomo in Sonora & Sinaloa , Hector in DF and central Mex, Carlos in Guerrero and Mario Alberto & Humberto doing the money laundering. These guys were stretched across Mx. Its really no contest.

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    3. Afo by a long shot

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    4. Arturo Beltran- PGR, AFI, Genaro Garcia on his side.

      Benjamin Arellano- Governor of Tijuana lol

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  16. Still a waste of time. Still plenty of people to take their place

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  17. I warned about that ambulance chaser Balazero in prvious BB articles. This guy is a joke and he knew from the start what was going on. He is not a real attorney but a poser looking for a book or movie deal. He chases big nmae clients for plea deals and in an attempt at a claim to fame. He is still looking for his 15 minutes. The majority of his cases the defendants are doing long hard maximum sentences. The others are guilty pleas for hard time. The one or two he 'won' were on the governments dime for speedy trial violations. Again, Balazero is a joke. He thinks he is a self proclaimed expert on cartels. He works as a federal public defender in almost every case he is appointed to then tries to lure in the clients family for private retention. Here in the plea arrangement he lost all credibility as a 'real' lawyer becasue he would have known the scoop from jump street. He is a loser and poser.

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  18. Thank you Chivis and all Borderland Beat reporters. I only speak English so this site is great to help me understand Mexico better.

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