A week prior to the originally scheduled trial, Alfredo “Mochomo” Beltran Leyva informed his attorney, Eduardo Balarezo, of his desire to enter an “unconditional guilty plea”. The plea is as bad as it sounds, he unlike any other narco who has litigated in the federal court of U.S. did not seek a deal in exchange for a favorable sentence,
From the point of the extradition filing and as the process continued, the case contained irregularities. If one retrieves the life of the case beginning at “Zero”, as Borderland Beat previously pointed out, only at the point that Beltran Leyva was nearing the end of his prison sentence in Mexico, did the United States have him in their crosshairs. He was not mentioned in previous BLO Cartel indictments, nor named in previous witness testimony given by cooperatives, such as the Flores twins who named, and gave critical information against scores of capo’s and cartel members they interacted with. Yet one of the twins was slated to testify in behalf of the U.S. in any trial against Beltran Leyva.
The rushed indictment was bare bones, boiler plate issue. When he pleaded guilty, he was pleading to one charge, taking place in Washington State in November, 2010, the bust occurred while Beltrán Leyva was incarcerated in Mexico. It is the contention of the U.S., that the defendant was still continuing to give operational orders while behind bars.
“Mr. Beltrán Leyva’s understanding, as well as that of his Mexican attorneys, was that he being extradited to face charges related to the drug seizures in Washington State.
However, after Mr. Beltrán Leyva’s extradition, the government disclosed that it intended to try Mr. Beltrán Leyva as being a member of a large-scale conspiracy involving the Mexican “Federation,” which is alleged to be composed of the “Sinaloa Cartel” and what the government terms the “Beltrán Leyva Organization.”
The government further sought to try him as conspiring with Colombian traffickers to import cocaine from Colombia to Mexico. Finally, the government sought to associate Mr. Beltrán Leyva with multiple seizures of cocaine loads. It was understood from early on that the government’s evidence consisted principally of cooperator testimony. Based on the information available to him concerning the government’s evidence, Mr. Beltrán Leyva decided to exercise his constitutional right to trial.
During the pendency of this case, the government filed various motions where it claims it set forth other crimes evidence against Mr. Beltrán Leyva. The week before the scheduled start of trial, the government proffered to the Court the expected testimony of various witnesses, including cooperators.
The government now seeks to have the Court sentence Mr. Beltrán Leyva to life in prison based largely on the representations in its various motions and the “proffer” provided prior to the scheduled trial. The Court should reject that government’s request and sentence Mr. Beltrán Leyva to 25 years. In sum, the Court should not rely solely upon the government’s self-serving and non-objective recitation of the facts it believes it would have proven at trial.”
Extraditions from Mexico to the U.S. is to include all charges intended to bring against the defendant at trial. An exception is an agreement entered in to by the two nations, written and signed by Mexico prior to extradition. In the case of Beltran Leyva, it lacked such an agreement, yet the U.S. added charges subsequent to his transfer to the Unites States.
When the guilty plea was entered, defense and the U.S. presented its pre-sentencing filings including the ridiculous forfeiture of 10,000,000,000, TEN BILLION dollars. This figure was largely based on “information” set forth by narco’s, fulfilling a portion of their obligation after cutting sweet deals with the United States. What is painful to see, it the list of scum, far greater a threat and past criminality than Alfredo Beltran Leyva. While it is while understandable the trade off in the deals made with the Flores Twins in exchange for valuable information, but the others…truly a mockery to justice.
After the filings were received by the trial judge, and perhaps his sensing probable difficulties, regarding the case on appeal. Such as the claims against the defendant were substantially based on the word of bad guys who cut deals. And just maybe the explanation of how exactly the ten billion dollar forfeiture figure was derived, should be on record. It was then the judge ordered the evidentiary hearing.
Motion to withdraw guilty
It was during this time, that Beltran Leyva filed a Motion to withdraw guilty plea. It was denied, as was the motion to reconsider.
Motion to withdraw (the filings posted contain an abundance of cartel information)
“Minute Entry for proceedings held before Judge Richard J. Leon: Evidentiary Hearing as to ALFREDO BELTRAN LEYVA resumed and held on 2/23/2017. Exhibits admitted into evidence. Evidentiary Hearing continued to 3/1/2017 at 10:00 AM in Courtroom 18 before Judge Richard J. Leon.
Defendants filing: Aid of Sentencing
Sentencing April 5 at 2:30PM
Minute Entry for proceedings held before Judge Richard J. Leon: Status Conference/Forfeiture Hearing as to ALFREDO BELTRAN LEYVA held on 3/8/2017. The Court issues its findings on the Sentencing Enhancements. Sentencing is set for 4/5/2017 at 2:30 PM in Courtroom 18 before Judge Richard J. Leon. Supplemental Sentencing Memoranda from the parties are due by 3/24/2017.
U.S. Forfeiture filing
The document below are statements from the Flores twins, with interesting cartel operational information