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Tuesday, February 10, 2015

Borderland Beat

Borderland Beat

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Court Orders Manuel Trevino Morales "Z-40" to be transferred to Altiplano Supermax in Juarez

Posted: 10 Feb 2015 06:06 AM PST


Translated for Borderland Beat from a Zetatijuana article by Otis B Fly-Wheel

After more than a year in Puente Grande, the narco trafficker Miguel Trevino will return to Almoloya otherwise known as Altiplano SuperMax.

Z-40


Judges of the Appeal Court in Criminal Matters of the Second Circuit ordered the return of the former leader of the criminal group Los Zetas, Miguel Angel Tevino Morales "Z-40", from the Maximum Security Prison Puente Grande, Jalisco, to the Maximum Security "Altiplano" in Almoloya, Juarez.

This provision stems from the judgement of the amparo in review, lodged by the drug trafficker from Tamaulipas, who complained of his transfer from Federal Prison the authorities carried out on December 19th 2013, when he was transferred from CEFERESO number 1 in the State of Mexico to number 2 in Jalisco.

When the inmate claimed the protection of the Federal Court arguing that most of its criminal proceedings are heard in State District Courts. The Second Judge of the District in specialised matter, located in Toluca denied the amparo because " it is a fait accompli irreparably."





Trevino Morales then filed the appeal application and presented his grievances, which is a matter to be resolved by the Fourth Collegiate Court in criminal matters in the State of Mexico, moving his appeal as a violation of his fundamental rights, because it "has as a consequence for the alterations of the conditions in relation to the procedure and impacts on his right to a proper defence."

The amparo judgement was modified to complete the transfer.

The spectrum of protection applied for in the amparo would have obliged the State to return "Z-40" to his original prison in the state of Mexico, "in which he was deprived of his liberty subject to various criminal proceedings, on the understanding that in case of the state ordering his transfer to another prison, that it should go before an appropriate judge to grant the transfer.


Miguel Angel Trevino Morales "Z-40", is currently subject to 12 criminal cases in District Courts of Mexico, Jalisco, and Tamaulipas, as well as international extradition proceedings before the First District Court of Federal Criminal Proceedings in the Federal District.

The new transfer of the alleged drug kingpin will happen in the next few days, in accordance with the possibility of arranging the security detail for the Federal Transfer, only the Federal Penitentiary Authorities will be informed of the transfer details.

Original Article in Spanish at Zetatijuana


If he is no longer in prison, where is Serafin Zambada Ortiz?

Posted: 09 Feb 2015 06:04 PM PST

Lucio republished and translated from Rio Doce posted also by Siskiyoukid


 Note:  Although it is doubtful that the US Government is unaware of the location of Serfin Zambada, it does appear he no longer is calling prison his home.  He has been wiped out in the prison locator. ...(Lucio)

Rio Doce is reporting that after agreeing to forfeit to  the United States Government,  $250,000, revenue earned by drug trafficking, Serafín Zambada Ortiz is still waiting to be sentenced by a federal judge in the Southern District of California from the USDOJ, which is scheduled for May 22, 2015 of this year.
                        
The money seized during his acceptance of guilt, in a plea agreement that took place on September 27,  was to be delivered in cash to the United States Government, although the Department of Justice of United States (USDOJ) would not specify who made delivery of the money. 

"In those cases, who delivered the money are the defense attorneys of the accused," said Luis Carrillo, who is an expert in criminal cases and has his offices in Los Angeles, California. 

The transfer of money and property is part of an agreement made between Zambada Ortiz, and federal attorneys with the Southern California Prosecutor, in which the accused also agreed to cooperate with prosecutors to dismantle the organization that his father, Ismael Zambada, El Mayo, who commands the organization, and to address other members of the organization of the Sinaloa Cartel, including their leaders. 


Eye of the Ant

Although officially Zambada Ortiz is incarcerated in the prison's maximum-security Metropolitan Correctional Center (MCC) in San Diego, sources of the penitentiary system of the United States (BOP) pointed out that they no longer have him in their power and that they do not know is location. 

According to the information obtained by Ríodoce, it was on July 3, three months before he changed his plea to guilty, that Zambada Ortiz was removed  from prison by people of the USDOJ. 

MCC, located in downtown San Diego, is the same prison where Rodrigo Aréchiga Gamboa, founder of Los Antrax, the armed wing of the Sinaloa Cartel and an old guard of all the sons of Ismael El Mayo Zambada, is being held. 

However, for safety reasons, they never held Chino Antrax and Serafín Zambada together, and all that is known is that "it is very possible that Sera has become a witness protected by the agreements made with the USDOJ, to then be taken to a safe house and he only carries a bracelet with a GPS Locator".
No agency of the USDOJ could specify where Zambada Ortiz is: the DEA, BOP, or the US Marshals or FBI, who also failed to establish his whereabouts through the Freedom of Information Act (access to Information Act), arguing that "it would be violating confidentiality agreements that every prisoner has the right to in the United States". 

Negotiate: the last alternative

According to Jenia Turner, law professor of the Dedman School of Law, in Dallas Texas, agreements made "under the table" by the United States Department of Justice (USDOJ) with people who face criminal charges, are common and occur all the time, especially in cases related to organized crime and drug trafficking. 

"In some cases the accused receives full judicial immunity, i.e. not even comes to be sentenced, in exchange for information that helps locate people in your organization, which in many cases is determining to derail the criminal organization," said Turner. 

The academic also added; once people of an organization are arrested, the protected witness confronts the accused, and testifies against him. It is part of the agreement in exchange for a lesser sentence, or even total immunity. 

It was not the case of El Chino Antrax,the former head of Los Antrax who decided to declare war on the United States and to fight his legal status in the courts.

Zambada-Ortiz was arrested on November 20, 2013, as he tried to cross into the United States through Nogales Arizona. He transferred and was being held in a federal prison in San Diego, the Metropolitan Correctional Center (MCC), and after being presented before the magistrate Karen Crawford  of the Southern District of California , Zambada Ortiz pleaded not guilty to charges of drug trafficking. He changed his plea on 27 September 2014, and accepted guilt on all charges. 

He was removed from that prison on July 3, 2014 and taken to an unknown site. In theory, his case only awaits the sentencing of the judge, scheduled for May 22nd.  

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