"Mochomito´s"10-year prison sentence is annulled

Chivis Martinez Borderland Beat from Zeta Tijuana

Translation By Cruz for Borderland Beat

A Collegiate Court in criminal matters ordered a Penal Judge to leave the 10-year prison sentence given to Jesus Alfredo Beltran Guzman "El Mochomito" and 4 of his co-defendants for diverse federal crimes unsubstantiated.

Judicial sources informed ZETA weekly that the magistrates' ruling instructs the judge to replenish the procedure due to the fact that he did not observe the rules of individualization of penalties and he did not establish the actual degree of culpability of those sentenced.

Jesus Alfredo Beltran, son of drug trafficker Alfredo Beltran Leyva "El Mochomo" and also the nephew of Joaquin "El Chapo" Guzman, was detained midday on December 9th, 2016 in Ciudad Granja neighborhood which is in the Zapopan municipality.

Federal Police agents intercepted two Volkswagen vehicles, one being a Jetta the other a Gulf, in which Beltran Guzman and his co-defendants Joel Eduardo, Baudelio, Gerardo Eddy and Jesus Rafael were traveling in.

According to officials, the young men had in their possession; 3 kilos 878 grams of cocaine, an AR 15 .223 caliber, a submachine gun 5.7 calibers, a 9mm pistol, and two 38 super handguns as well as ammunition and a fragmentation grenade.

Due to such behavior, on April 25th, 2018 the judge from the specialized district in the Accusatory Criminal System third circuit condemned the five accused to purge sentences of ten years of prison and pay a fine of 225 days which is the equivalent of $821 USD (give or take). The resolution was confirmed on appeal on June 28th, 2018 by the Third Unitary Court of the mentioned circuit.

In 3 cases of direct protection promoted by "El Mochomito" and his co-defendants, their lawyers filed various grievances in an attempt to reverse the conviction. They challenged dactyloscopy surveys, field criminalistics and supposed inconsistencies of approved police report but those allegations were considered unfounded.

nevertheless, the magistrates estimated that there are violations of the fundamental rights of the convicted, because the judge graded all of the people involved with the same culpability being that he found them responsible of various crimes.

An example of the before mentioned is that Joel Eduardo and Baudelio were only sentenced for crimes against health because of the possession of cocaine with the intent to sell.

Jesus Alfredo Beltran was sentenced for 2 crimes, possession of cocaine with the intent to sell and for carrying a firearm for the exclusive use of the Army.

While Gerardo Eddy and Jesus Rafael were penalized for 3 conducts which are: possession of cocaine with the intent to sell, carrying a firearm and possession of cartridges for a weapon, these last two are for the exclusive use of the Army.

Despite the above, everyone was dealt with the same degree of guilt and the court sentenced them the same penalties, what in the opinion of the judges of the Collegiate Court is incongruent.

"Hence, constitutional protection should be granted to the complainants, to correct the aforementioned irregularity, without the degree of guilt and the penalty imposed on them based on this being higher than what was already fixed in the judgment claimed".

Jesus Alfredo Beltran Guzman and co-defendants are imprisoned at the Metropolitan Prison of the of Jalisco, where they have already been notified of the failure of guarantees.