Friday, September 7, 2018

How Serafin Zambada's sentence was lowered from 210 to 66 months...According to the court

Chivis Martinez for Borderland Beat

“I apologize … to the society and to my family for what I have done. I am very sorry. I want to move forward so I can be there with my children and raise them in the best manner possible…Serafin Zambada Ortiz to the court;

The court: thank you. I appreciate your comments.



Borderland Beat followers are incredulous at the short sentence imposed in this case.  I promised to check government documents to glean any information with respect to sentencing.

I found that the three documents filed in March of this year and pertaining to sentencing…have been sealed.  One can draw their own conclusions.

As for how sentencing is determined; A “point system” is used as a guideline

It begins with the sentence that is mandated for the crime, less those charges dismissed.  That equals a number of points.  Let’s say 100.  Applicable point "credits" are deducted for various reasons in the defendants favor.  For example, cooperation, pleading guilty [accepting responsibility], first time felony.  etc etc.  If there are negatives, repeat offender, leader of gang or cartel etc those points are added.  The balance of points will determine what the BOP recommends for that number of points. [base offence level]
In reviewing the documents,  these sentencing documents are found all dated the same as hearing date.
Docket Text Sentencing Memorandum
Docket Text Sentencing Summary Chart
Docket Text Sentence With PSR 
ALL three are sealed.
However, the transcript of the sentencing hearing is public and I have accessed that document, from the March 21, 2018 hearing, held in San Diego, California.  I have posted that transcript in this post.

Personally, I think Zambada played the system very well, and the government is making a grave error handing out these nonsensical deals.  This is a relatively low level player.  
“The guideline range, with a criminal history category I, score zero, would be 168 to 210 months…
The adjusted offense level becomes 35.” …Judge Sabraw
The value of the information provided by him is not worth the exchange of a walk away sentence.  Light years away from let’s say information provided by the Flores Twins.  [my two cents]  I know, by speaking to agents, this is frustrating.  After working diligently on drug trafficking cases, only to see a slap on the wrist that allows perps back on the street, is disheartening at best.

Now Serafin will return to his lux life in Sinaloa, with his women, exotic animals and cars, vachts, ranches and mansions, learning and teaching nothing.
 “You had a world of luxury and all kinds of things provided to you, but no real ability to enjoy those or to enjoy life because you were immersed in this world of drug trafficking. your childhood is remarkable in the sense that you were moved frequently. the record reveals you were in culiacan until age 12, then off to Arizona for two years.
Then back to Culiacan for a year, then back to arizona for a couple years, then back to culiacan. and then off to Canada for a period of time, and then a return to Culiacan when you were 19 or 20 years of age"….. Judge sabraw to Zambada
Read judgement in a criminal case and  entire transcript below:


78 comments:

  1. 5 1/2 years for selling millions of dollars worth of drugs ? That judge got paid good

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    1. Judges dont get paid in the federal system. To many moving components. If the judge was to sentence under the guidelines, he has to state his reasoning on record . If the prosecutor is not on same page as judge, he can appeal and you go right back to distract court for a hearing.

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    2. So he was given a Rule 35 by the US Attorney and was granted a downward departure by the judge, who went along with the recommendations by US Federal Probation & Paroles Pre-Sentence report.

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    3. Prolly due to not being sooo guilty,
      after all they have been working for CIA and Arizona drug traffickers since before birth.
      --On top of it is if they worked with the Red Mafiya, the present US government has something to hide there...

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    4. You silly guys think the justice system in the U.S is not corrupt? I thought you were smarter than that chivis lol

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    5. En Mexico y en todo el mundo plebes, con dinero baila el perro... only in Mexico it dances a lot more lol

      - El Jabali

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    6. He cooperated, there is no doubt. That is what the judge meant by departure persuant the 5k that is the document the prosecutor files to the judge saying the defandant deserves a sentance reduction

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    7. Everybody got paid in this deal, judge, prosecutor
      Bailiff, even la pinche court stenographer lmaof

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  2. BOP inmate search showed that he NEVER was jailed, and same goes for Chino... Yet they both were tried in the same court and supposedly placed into the same jail.

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    1. That simply indicates protected custody or protected witness. they could be in u.s. marshals custody or elsewhere.

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    2. It CAN indicate a protected witness, but nobody knows for sure right?

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    3. true because everything is sealed or off search tools lik BOP Inmate Locator

      But it is usually easy to determine.

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    4. Odd that we never seen a mugshot of Chino Ántrax, Mayito Gordo, Serafin. Not even images of their arrests

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    5. I’m certain this guy snitch. Dude I went to school with got caught with 10 kilos near Tennessee and is serving only 5 years, 1 year reduce if he attends school. Also is not listed in BOP inmate search.

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    6. High risk inmates do not show in the system

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    7. federal system does not make public mugs

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  3. He gave credible information, on Cartel henchmen, corruption at Mexico levels.Gets in trouble with the law again, he was told will serve more time.

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    Replies
    1. ... and the message is clear: Uncle Sam can bought off as well!

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  4. What is a § 5K1.1 motion?
    A "motion" is a request to a court to do something. A "5K" motion is motion filed by a prosecutor under the authority granted by § 5K1.1 of the United States Sentencing Guidelines ("guidelines"). It asks a sentencing court to "depart downward" under the guidelines based on "substantial assistance" provided by the defendant. As part of the sentencing process, a court must consider the range of sentences recommended by the guidelines. When a court "departs downward," it means that the guidelines will recommend a shorter range of sentences. A government § 5K1.1 motion will normally result in a shorter sentence

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  5. He snitched!!!!! Period.. they can put any paperwork out for his safety bitno one I mean absolutely no one goes to the feds for drug trafficking and does 5 years only and never hit a penitentiary.. how do I know? Well I unfortunately now a few people in the system doing 25, 10 or longer due to drug trafficking with less amounts of drugs than this dude... and they were independent type shit..So miss me with the shit he snitched!! Lol... Oh and why does everyone hide behind their lame ass apodos???

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    1. Your right! He straight snitched. That's exactly what a 5K1.1 motion means. He would of paid the price when released if he didn't happen to be Mayos son. I heard if anyone even mentions he snitched in his hometown their dead. Shit is crazy. These kingpins seem to want everyone to play by the street code but don't play by it theirselves.. Smh

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    2. of course he did....that is evident on several fronts. sealed sentencing memos, not in BOP locator, transcript...etc etc... my point is that it was a dumb deal on the part of the gov.

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    3. @chivis yes I agree with you on that.. the government should have made an example of him

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    4. Perhaps as a dead man walking, it wasn't a dumb deal. Certainly wouldn't want to be hanging around him out on the street and be potential collateral damage.

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    5. Mayo maybe feeds the US govt info on corrupt Mex politicos. The most powerful Don in Mexico doesnt let his kids sit behind bars in the US thats all we know.

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    6. It doesn't necessarily mean Serafin snitched. How many of your friends serving 25 or 10 had access to the best defense lawyers that money could buy? That literally is the difference between life and freedom. Prison sentences are based on how much money you have. A millionaire can get off with murder while an average joe will get a death sentence. First Chapo snitched now Zambada snitched? Cut it out, kids. Money makes the world go around. Grow the fuck up. The system is just corrupt and life is not fair. No democracy to be found around here, sunshines.

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  6. Pays to be an informant

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  7. Funny my brother was arrested with a smaller amount and had no priors no criminal history got 5 years. Not bad for being the son and being involved in a cartel like the Spanish saying goes “with money even the dog dances.”

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    1. Your brother didint have much to offer or snitch You should be proude of that

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    2. Con dinero baile el perro y hasta el perrero 😂😂😂

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    3. Y sin dinero bailamos como perros

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    4. How much and what did your brother have?

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  8. this is great stuff, the transcript "takes you" into the courtroom. nicely done

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  9. I just caught in the trans

    " The parties are advancing a nine level downward departure, under 5K and other sentencing departures"

    There it is in black and white, for anyone doubting. The 5k got him down to like 100 months and the letters, his age, his guilty plea, his childhood got him down to 66 months.

    Sera cooperated extensively. Maybe it was with approval. Maybe sanctioned somehow. I am skeptical he goes back to Culiacan.

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  10. People dont understand that its not just knowing that someone is a criminal its about being able to prove the person commited a crime ! Thats why attorneys make so much money

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  11. Well im 100% sure the people that you “know”* dont have the type of money and resources that el sera has , also the people that you “know” dont have the same last name that he has and the same family ties

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  12. Does he get a pass to snitch because of his last name? I wonder if his father coached him on what to say. Would he be in danger if he goes back to Mexico since it is presumed he talked.

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    1. All the bosses who punish snitches have been proven to have snitched themselves once they got nabbed. Mafiosos invented the term snitching. Funny because they were the first high profile snitches. Hypocritical term really. All the bosses snitch eventually. Besides the ones that rot with content. CDG's boss has been quiet for years, Chapo as well. They haven't snitched. Where as Flores brothers snitched, now they are worm food.

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  13. Snitchafin Zambada.

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  14. 5k1 lol you all that think that's what stand up men do ya are just like him a informant! Are should never be in streets go work at wall mart snitches 💯

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    1. Facts!!!!! I guarantee you tho they gonna make him a few corridos about how he did his time like a man and blah blah....

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    2. His is 5k2 nosy ass totally diffrent pay attention.

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    3. link to explanation of 5k1 and 5k2 it begins around page 11

      https://www.ussc.gov/sites/default/files/pdf/training/primers/2015_Primer_Departure_Variance.pdf

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    4. Big nose is correct from the transcript:

      OTHER SENTENCING DEPARTURES, INCLUDE
      5K2.0 AS WELL AS VARIANCES UNDER 3553,

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  15. I appreciate the work on this chivis, a long time fan, from boca barranca costa rica

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  16. Chapo snitched that Serafin snitched

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  17. This is what happened since the beginning mayo told serafín to do time in the USA so he can go on with a normal life mayo would let serafín know where huge shipments of drugs and money would be trough a private contact so he could tell DEA and get a lower sentence and it work out the last busted crystal meth labs in baja and sinaloa where thanks to serafin

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  18. Y en mexico se matan por vender gramos de mota...

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  19. guzmanes=snitches
    zambadas=snitches
    damasos=snitches

    los tomateros no aguantan ningun dia en el sol sin pudrirse y abrirse de nalgas pa los gringos.

    the Beltran brothers were the last bonafide traffickers from Sinaloa...

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    1. El mayo es papa de los beltran y de los chapos y carrillos y arellanos. Since the late 70s and not one day in prison. El mayo zambada is the best that ever done it in mexico period.

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    2. 7:33 listen to 7:09 Beltran were respected mafiosos. Never known to betray out of the blue. Quality people.

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    3. @7:33 yea by snitching his way to the top

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    4. Never heard in any way shape or form el mayo snitched on anyone. Stop hatin and just plain talking shit. Arturo beltran didnt last for shit and hes cartel split into a shitload of factions.

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    5. You mad @8:00 and 7:53 were did it get them being the best mafiosos,because I dont respect them.

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    6. If you are not on Mayo team as an independent. You will get wacked or go to jail.

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    7. Mencho already surpassed mayo, even if he gets caught tomorrow mencho is more respected and feared. Nobody in Mexico has done what mencho did. He's been in the game since a teenager selling pounds in Calif, so he's not new to the game like many claim. Mencho's story is by far more fascinating

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    8. @10:20 you're a baby in the narco news game lol mencho is the first big name you hear at your era. Trust me you missed some REAL caps. It's a shame you think mencho is fascinaing hes rather boring compared to others

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    9. 10:20 get menchos little pendejo out of your pretty mouth little boy. El Mayo is the only thing holding the narco world together. Without him, the power vacuum will muliply the murder rate many times over. Mayo is for the most part low key and non violent. He is necessary for business to continue as usual. Mencho will die or get caught soon. He is too much of a threat. Mayo is not as feared, but fear isn't his game. Money is his game. And all businessmen follow the money, not the fear. That's why Sinaloa beat out CDG with Zetas. Money.

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    10. 5:14 mayo holding the narco world together? Lol you Sinaloa fans are hilarious lmao mayo is superman too huh pendejadas

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  20. Everyone snitches in that game, very little stand up Mafiosos. His dad is the Don, I guarantee he gets a pass and goes back to Culiacán with no no touching him. But if he was smart he would leave to an island and enjoy his daddies billions! History says he doesn’t retire from the game and falls back, these Jrs are soft but this was part of the plan, (mayos) plan all along.

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  21. I disagree w comment made about hi profile inmates not in locator. Last time I checked el tio surely popd up on there, M caro-quint

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    1. you missed the point it is high profile snitches that are in PC or PW , they can decline but that is rare

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  22. In the other post, people were saying that sentencing guidelines dictate a minimum of 10 years for a major drug offense. That sounds about right. But what has me thinking is that didn't the Obama administration and his liberal judges remove sentencing guidelines for drug offense because they unjustly discriminate against minorities? I believe that is the reason why Zerafin got out ASAP.

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  23. To whoever said he cant go back to Culiacan LOL. His Dad owns the police and the dangerous people in Culiacan. They listen to every word he says. He wont be touched, you wont be hearing from him.

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    1. But he is the hier of Mayo. And with no respect he will end up powerless just like the Chapitos. You have to earn your respect, solidify your ties with the narcos. Being born into the hierarchy isn't enough. Sinaloa are soft on their kids. Spoiling them. That is why Chapo back fired. No one is taking orders from kids who have been too spoilt to even work a day with their dad.

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    2. 5:19 Mayito Gordo does not give a damn. If he was free Ivan and Alfredo would be dead after all the heat they brought upon Mayo. When Mayito gordo is released he will kill the remaining faction of el Chapo

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  24. What is substantial assistance?
    What is “substantial” in one prosecutor’s office may not be “substantial” in another office. All prosecutors consider testifying against another person to be “substantial.” Some prosecutors do not consider simply providing information to be “substantial,” unless it leads to something specific, such as an arrest, indictment, or conviction

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  25. 5k2.0 is big difference than 5k1..

    Under section 5k2.0, a court may grant a motion for a downward departure if the case is "unusual enough for it to fall outside the heartland of cases in the guidelines." Koon, 518 U.S. at 92. The court in Koon explained that the Sentencing Guidelines "place essentially no limit on the number of potential factors that may warrant a departure."....I dont think he snitched on anyone.

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  26. Like paquita del barrio says"rata de dos patas!!!" sinaloenses should he very proud!!!

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  27. SNITCHED like a mother fuc-er!!!!

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  28. Explains the busts against the Sinaloa cartel recently then. Serafin to EPN i give u sum busts u let me go? EPN yes.

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    1. that doesn't make sense because sera was imprisoned in an American jail. EPN doesn't control american jails.

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  29. Chivissssss, our legal eagle ! 🦅👍🏽

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  30. Nomas $250k forfeiture ?..... he probably spent that much partying his first night out 😂😂

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  31. I wonder who he gave up?Sealed court records are a sure shot of cooperation with Government.

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  32. If you are or define yourself, genuine, street and real the kind of homie that's down all the way, the old style that Will take a bullet for his home boy. You Are A beltran, if u are a snitch , backstab greedy a.. nfl that sells his a.. to the system you are a cd and you all know it, una cosa es el respeto y otra es el miedo. Alfredo beltran es respetado by the people that works the field from growers to the homies in the street. El chapo y el mayo can't claim that, snitches, rats,madrinas,bajadores and the guys that don't even know who discover america. Son Los que siguen al cds

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