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

  Mochomo Withdraw of Plea Motion by Chivis Martinez on Scribd