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Wednesday, August 2, 2023

Chapo Guzman Seeks New Trial In The U.S.

"Char" for Borderland Beat 

This article was reposted and translated from RIODOCE



Former Sinaloa Cartel leader sends letter to "honorable Judge Cogan" for appointment of court-appointed lawyer; alleges he was extradited by trickery.


Joaquín Guzmán Loera, who was once considered the kingpin who trafficked the most drugs into the United States, filed a motion with the Brooklyn, New York, court last June arguing that the way he was extradited in January 2017 violated the extradition treaty between the two countries, as the US prosecution did not respect a Mexican court's decision to only transfer him to federal courts in the Southern District of California or the Western District of Texas.


Instead, the kingpin was taken to a court in the Eastern District of New York, where he would face 17 charges, which was a world of difference between the charges he would face in the California or Texas courts, the only instances the Mexican government had authorized when granting the Mexican kingpin's extradition.


Guzman Loera's then defense counsel questioned the prosecutors as to why they had taken Guzman Loera to New York, when the extradition specified that he should be in a federal court in Southern California or West Texas, to which the prosecutors responded that the United States had made a special request to the Mexican government, via diplomatic channels, called Special Rule #17.


According to the motion, written and presented by Guzmán Loera himself, the prosecutors never presented a copy of the so-called Rule of Speciality #17, which is made through the Mexican embassy to the Ministry of Foreign Affairs, to bypass the obstacles that may exist at the time of an extradition.


"And they did not present it because the document did not exist. The prosecutors never filed a request with the Mexican government for the so-called Speciality Rule #17," Guzmán Loera argues in his motion, a copy of which Ríodoce obtained a copy.

When Judge Brian Cogan, asked prosecutors why they had not produced extradition documents where the order to bring Guzmán Loera to New York could be read during the February 3, 2017 preliminary hearing, prosecutors handed over 82 pages on the "alleged" diplomatic request, and it was notorious that some of the pages had just been redacted.


"U.S. prosecutors, knowing they were lying to Judge Cogan and the defense, continued to fight the case, claiming in their May 26 motion that Guzman Loera had been legally extradited to the Eastern District of New York, through Specialty Rule #17. But it was a big lie because the prosecutors never requested extradition through the Specialty Rule, therefore, it was as if they kidnapped me," reads the document signed by El Chapo.


A month and a half later, prosecutors responded to Guzmán Loera's accusations:


"The defendant reiterates arguments previously presented before this Court, and in his prior motion to vacate sentence, and asserts unfounded allegations against the government, the Court and the Second Circuit. For the reasons discussed herein, the Motion is without merit, and the Court should deny it in its entirety."


According to the motion filed by Breon Peace, the defendant argues that he was not extradited in accordance with the Special Rule, in addition to having received ineffective assistance of counsel at trial and on appeal on certain issues, and that the special administrative measures imposed on the defendant violated his rights, and finally says that the government engaged in misconduct.


Prosecutors add in the motion, that Guzman Loera's allegations lack evidence, as it was never the United States who extradited the kingpin, but Mexico, and clarifies that prosecutors did file the Special Rule #17 document (the "SAR Waiver"), on February 14, 2017, and that it is false that such document was obtained through fraud.


"Defendant does not have standing to argue that the SAR Waiver is invalid, in fact, there can be no serious dispute that the Government of Mexico did not validly issue the SAR Waiver in accordance with its law and the U.S.-Mexico Extradition Treaty, that issue is not reviewable in U.S. courts," the paper explains.


Alone against the world


In response to the prosecutors, Chapo sent a new motion to Judge Cogan, pointing out that he could not object to the prosecutors' remarks, because he is alone and does not know the law, even worse, as he is defending himself as best he can, in his attempt to appeal his sentence, that he does not even have internet or access to any other tool to be able to defend himself.


"Honorable Judge Cogan (...) I do not know the law in the United States, I do not count in this place with a computer much less internet and I see the need to bother you to please appoint me a public attorney like the two lawyers you appointed me on January 20, 2017, so that I can make the second motion and can properly answer the motion presented by the prosecutors," as read in a document written in Guzmán Loera's handwriting.


"If I don't have a public defender, I won't know, or, rather, I won't be able to understand what is written in the motion. Well, I don't have any education; I only got as far as the second grade of elementary school, and I only learned to write, but I don't know where to put a comma or a period. It's possible that you could have noticed when you read my writing," El Chapo says.


Sources familiar with the case said that if Guzmán Loera can somehow prove that prosecutors never obtained the diplomatic document "Rule of Specialty #17" in time, the case could take a 360-degree turn, as it would have effectively violated extradition laws, and the United States would have wrongly taken him to New York.


"But without legal representation, it's going to be hard for that to happen, and he would be destined to lose his appeal," said a lawyer familiar with the case.

Señor Guzmán 


Article published on July 30, 2023 in the 1070th edition of the weekly Ríodoce.


Source: RIODOCE 

50 comments:

  1. Why is he even trying? Does he think US is like Mexico? He’s never getting anything less than life in prison.

    Perhaps he wants a lower security prison? I also don’t see that happening.

    ReplyDelete
    Replies
    1. U obviously never been to prison,u try anything! Even if it moves him to a lower prison,he wins!

      Delete
    2. People, including myself think we badass out here on the streets. I was lowked out at 5 am. I was doing 90. Caught up to
      A highway patrol, Got down to 65, then said fucx this foo. Sped past him, hit the gas. I was going 130 in a lexus is350 from pasadena to covina. Because of stupidity. I still had 2 red tecates and chugged em before i got taken in because they threw the spikes. The onlyyyyy reason i explain my story is because ive done like 15 overnighters.i got 3 dui’s on record. But going to jail and THEN PRISON, for the stupidest shit, isnt worth it at all. My family has money but im THE rebel. Luckily my books were always full but that dont mean shit. Being surrounded by people that will lose their freedom because of envy vale verga. My last prison bunky’s name was satan. Imagine that. People ( general population) need to think about consequences more. You dont know it till you experience it. Theres a bunch of hard internet bangers on here talking about sinaloa snitched, this other person snitched. Lemme see em facing 15 years. Foos will be punked, tested, and beaten up baddly. But the internet protects and keeps ya’ll acting like hard asses😂. I was in wayside LA and then sent up north. So no lies here

      Delete
    3. @11:53 Yeah, like that will happen. They will not move one inch for him.

      Delete
    4. He can try all he wants, knowing him and his reputation he will not be sent to a lower security prison. They are truly making an example out of him.

      Delete
    5. 12:31
      A bunch of reddit kids in here, some typing away in mom's basement, some are still learning grammar and when to use commas, periods. Then there's the know it all, haven't stepped into Mexico and haven't fired a gun. Yes any person doing time, would love to have it shortened by snitching.

      Delete
    6. 12:31

      "You dont know it till you experience it"

      I'm not that stupid and weak to experience that. Any idiot can go to prison but how about staying out of trouble, learning a trade, or a degree, and being productive? Is that rocket science?

      Delete
    7. 7:54 good morning mrs period at the end, how are you doing?

      Delete
  2. We all know he still the head and CEO of the Sinaloa cartel from behind bars he still sending orders show how smart these dude is acting victim when he is retired in his cell laughing at the USA goverment is insane and disrespecful but he might walk out a free man

    ReplyDelete
    Replies
    1. 11:21 no he's not sorry but your dreaming. he's done and he communicates with his shadow. So if you call that calling shots then ok

      Delete
    2. U and him are delusional .... U act like he having a grand ol time being locked in a cage like an animal 23 hours a day .... U fool that ain't run

      Delete
    3. I guarantee u he ain't laughing ... He crying a river ...

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    4. He's not running anything anymore. He's not even running his own life anymore. The security at ADX is insane. He spends 23 hours a day in complete isolation. He gets no contact with any other inmates and very limited contact with guards.

      Delete
    5. This motherfucker is never seeing the free world again. What are you talking about? He's gonna die in ADX

      Delete
    6. Life must be hard for you.

      Delete
    7. 11:21
      Obviously your not familiar with the US prisons. Your also one of the guys that believes Mencho is alive 😂.

      Delete
    8. That's why statistically most go back to prison in short order, because it's so awesome. Or maybe career criminals are dysfunctional degenerate psychopaths who have little or nothing positive to offer society. Seems like the common denominator is a lack of education, which he is trying to use to get out.

      Delete
  3. Haha he can't defend himself and he's alone .. all the mofos he had killed and the innocent families suffered , the irony

    ReplyDelete
  4. He did the crimes, just doesn't like doing the time. What a snivelling crybaby.

    ReplyDelete
  5. He has a better chance if he start hitting bible study and saying he saw the light and found God maybe they'll go from life to like 75 years or some SHI- like that but he is already 95 so that won't help much ....he might as well pack it in .... He won't leave the prison alive

    ReplyDelete
    Replies
    1. 12:50 he is illetarate, i guess he can try and learn, that would be a good hubby

      Delete
  6. It’s gotta be torture sitting in that box man especially with all the crazy life he’s had

    ReplyDelete
  7. Living on a prayer!!! 😆😆

    ReplyDelete
  8. Haha I hope he finds a loop hole and uses our worthless rules against the US and they have to free him. Hopefully he can just get to a Mexico prison and get back to the mts. FrEE CHAPO. Go ahead say what you always say " cds cheerleader" lol while you swallow cjng s every drop. It makes my day when my comments bother you. So please fill the comments with the dumbest remarks ever. Hope that lame 🦎 has something to say. And hopefully that alleged journalist SOL can spit mencho out for a few mins and say something super clever. Come up with a real knee slapper. Signed YOUR MOTHER

    ReplyDelete
    Replies
    1. No way, not even mata ballestero? made it out of jail and he was kidnapped to the US

      Delete
    2. "In faith, I lie;
      My thoughts were like unbridled children, grown too headstrong for their mother"
      🦎

      Delete
  9. Ok so they give in and knock off life and reduce it to 50 yrs😂 he still in deep shit

    ReplyDelete
  10. Chapo the poor guy bitching around. Man up pussy, do a man thing. You did the crime now do the time

    ReplyDelete
  11. Replies
    1. Apparently Chapo preferred 14 year olds.

      Delete
    2. 3:57 Y "sin usar" palabras de esos pedophilos que gente todavia se les inca y veza los piez, gente tan pendeja

      Delete
  12. El chapo is american made

    ReplyDelete
  13. Pinche Chapo lloron. No que muy hombre. Man whenever a corrido of this princess comes on I literally wanna vomit. Pure bullshit

    ReplyDelete
  14. He was never convicted of murdering anyone . Allegations , once the Mexican President gets a hold of any wrong doing. The Extradition treaty will be terminated. Thousands more like el Chapo in Mexico and all over the world. Stop the addicts not the source for the addicts will just find a different source for their drugs.

    ReplyDelete
  15. Stranger things have happened if they did break the law he walks simple as.

    ReplyDelete
    Replies
    1. Keep dreaming if you think USA will let this little turd out

      Delete
  16. Meanwhile, in Culiacan....

    https://www.sfgate.com/food/article/knockoff-in-n-out-in-mexico-18275656.php

    ReplyDelete
  17. De ahí no sales chaparro, déjate de mamadas. No more aguachile, Pacífico beer and cocaina for you my man

    ReplyDelete
  18. Even assuming his extradition was illegal it will make no difference. Chapo is destined to spend the rest of his days in a living nightmare and it's well deserved.

    ReplyDelete
  19. Actually el chapo has a case here! He was illegally extradited before he could a judge in Mexico. Everybody that gets arrested over there has to go before a judge and that will determine everything. It’s just like here, but what they with chapo was that they took him immediately without seeing a judge! Look at RCQ for example, he’s in custody already and why wasn’t he handed over to the DEA immediately? he went before a judge! RCQ is worse than chapo because he killed an American DEA agent. chapo didn’t kill an American cop, so think about it.

    ReplyDelete
    Replies
    1. 9:05 ok let me think about it 🤔 and ill get back to you

      Delete
    2. 9:05 ok i thaught about it all day and infact chapo is fucked, he is gonna die in ADX Florence 👍

      Delete
    3. "El Chapo was pushing for his extradition because he feared for his life in Mexico because the government could not afford to have him escape from prison a third time"
      -Business Insider

      Delete
  20. Damn, Shorty should be a criminal defense lawyer with all of the experience that he has with his cases. Not bad for a middle school dropout!

    ReplyDelete
    Replies
    1. It's not him. It's his well educated attorneys.

      Delete
    2. 9:34 🤣🤣 chapo cant read or write bro, imagine being represented by chapo 😂

      Delete
  21. Salio Osiel cardenas tambien stava de por vida El tigrillo delos arellanos stava de porvida vajaron su sentencia a 15 años queno salga el chapo escuestion de tiempo solo quieren jugar la parte estados unidos i hasta eltiempo que isso antes dela primera fuga levan acontar solo QUIEREN ASERVER UN EJEMPLO

    ReplyDelete
    Replies
    1. Osiel no fue sentenciado a condena perpetua. Pago docenas de millones de dólares y puso dedo hasta más no poder para que le dieran 240+ meses de prisión federal.
      Tigrillo también soltó la lengua y aflojó chingo de billetes aparte de ponerle el dedo a su carnal Benjamín. Solo así podían salvarse los dos.
      Todo es posible pero tuviera que tener información que les sirva y traiga dinero.

      Delete
    2. Estas mal informado sifue condenado acadena perpetua el tigrillo tambien isea como aiga sido salieron imuchos más los weros travajan de muchas maneras quieren dar el ejemplo pero al final aflojan i ay gente que dan su vida o libertad por ayudar aquien los ayudo isitienen que ir apricion porsu patrones van forman sus casos contra ellos ilesquitan tiempo

      Delete

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