10 year sentence of Alfredo Beltrán Leyva's son is declared invalid

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MX
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10 year sentence of Alfredo Beltrán Leyva's son is declared invalid

MX
This post was updated on .
Short summary: Jesús Alfredo Beltrán Guzmán, alias "El Mochomito", is the son of the former Beltrán Leyva Cartel kingpin Alfredo Beltrán Leyva. He is also nephew of Joaquín "El Chapo" Guzman. He is wanted by the United States District Court for the District of Columbia for drug trafficking, and was arrested in Jalisco in 2016 and sentenced to 10 years in 2018.



A court declared the 10 year sentence against Jesús Alfredo Beltrán Guzmán, "El Mochomito", the son of former Beltrán Leyva Cartel kingpin Alfredo Beltrán Leyva, invalid. This decision was also extended to the four suspects arrested with him.

According to an appeals court in Zapopan, Jalisco, the magistrates determined that the judge who handed down the judgment did not substantiate why he imposed the same degree of responsibility on everyone. The judge sentenced all five men to 10 years in prison and a MXN$16,434 fine, even though some of the suspects were convicted of fewer charges.

El Mochomito was arrested on December 9, 2016, in Zapopan, Jalisco, along with Gerardo Eddye Cotera García, Jesús Rafael Cuén Ramírez, Joel Eduardo López, and Baudelio García García. The file indicates that Mochomito was convicted of drug trafficking, specifically cocaine, with intent to distribute, and for being in possession of firearms of military-exclusive use. Both are federal crimes in Mexico. Gerardo Eddye and Jesús Rafael were sentenced for the same crimes, including an additional charge of being in possession of firearm cartridges. Joel Eduardo and Baudelio were only convicted of the drug trafficking charge. In the sentence, the judge refused to grant the opportunity for the suspects to substitute their prison time with community service, house arrest, or probation. The five were sentenced on April 28, 2018, and filed an appeal in a court in which the magistrate confirmed the conviction.

On January 23, 2019, the magistrates decided to grant the appeal and ordered to declare the sentence invalid because they all imposed the same degree of responsibility. The appeals court asked the judge to explain why they were handed the same sentence and reduce the degree of culpability / penalties as appropriate. In addition, ordered appeals court ordered that once the judge determined the degree of guilt and the corresponding penalty, they would have to respond to the concessions that were not granted to the detainees.

Arrest details

According to the policemen who arrested them, El Mochomito and his four accomplices were arrested when they were traveling in two vehicles.

Jesús Rafael and Gerardo Eddye were driving on a Jetta, and the first one was found wearing a super 38 caliber pistol with 10 cartridges and three cell phones; the second was in possession of a 38-gauge pistol with 10 cartridges, along with a gun holster with two clips with seven cartridges and two cell phones. Inside the vehicle they located a 223 caliber rifle, with 28 useful cartridges, a 5.7 × 28 caliber pistol with 35 shots, two packages made with cinnamon tape and a bag with 10 doses of cocaine.

The other three men traveled in another unit driven by Joel Eduardo. El Mochomito was the co-pilot; he was wearing a 9-millimeter pistol with five useful cartridges, two cell phones and 100 bills of MXN$500. Baudelio sat in the back seat. On the floor of the vehicle they located a bag with two packages wrapped in tape and a bag with 18 doses of cocaine, a weight scale, and a fragmentation grenade.

Lawyers for the defendants said that during the detention the policemen violated their legal rights. They stated that the policemen did not arrest them together and later regrouped them with the purpose of fabricating a crime scene. According to the lawyers, Jesús Rafael and Gerardo Eddye were arrested in one place and Joel Eduardo, El Mochomito, and Baudelio in another.

"[Joel Eduardo, El Mochomito, and Baudelio] were grouped inside a police car and driven for approximately 10 minutes to the place where the first two defendants [Jesús Rafael and Gerardo Eddye]  were arrested. They did this to fabricate the crime scene," the lawyers said. They also mentioned that there was an "undue, unjust, illogical, unfounded, inobjective and irreational assessment of the opinions in dactyloscopy and criminalistics" and that the police did not give immediate notice about the arrest of the accused to the agent of the Federal Public Ministry so that the latter conduct the investigation.

As part of their defense case, the laywers took a hair stylist who had just given El Mochomito a haircut, to testify in court. They also brought a house keeper and an employee from a workshop, who added to the defense's story. During their initial sentence, the judge dismissed their testimonies because they were insufficient. He stated that no one was a direct witness of the arrest and there were discrepancies between them.

Background

Jesús Alfredo Beltrán Guzmán, "El Mochomito", the son of former Beltrán Leyva Cartel (BLO) leader Alfredo Beltrán Leyva. He is also the nephew of Joaquín "El Chapo" Guzmán, former leader of the Sinaloa Cartel. In 2008, his father was arrested, which triggered a war between the BLO and the Sinaloa Cartel. El Mochomito's family, specifically El Mochomito's uncle Arturo Beltrán Leyva, blamed El Chapo for turning in Alfredo to authorities. A war ensued in western Mexico.

According to government sources, since El Mochomito was 16 years old, his family asked him to honor his clan's name and pursue a career in organized crime. In 2009, his uncle Arturo was killed in a shootout, and his uncle Héctor Beltrán Leyva assumed control of the BLO. Héctor was arrested in 2014, and El Mochomito became the leader of the BLO in the states of Sinaloa and Sonora.

On April 12, 2015, his grandather Ernesto Guzmán Hidalgo was killed on orders of Aureliano Guzmán Loera, El Chapo's sibling, which intensified the war between the BLO and the Sinaloa Cartel. El Chapo tried to calm El Mochomito and restore order, but El Mochomito declared war on El Chapo's faction. In 2016, his gunmen attacked La Tuna, El Chapo's birthplace, with around 50 gunmen. They did property damage to the house of El Chapo's mother Consuelo. Authorities suspected he allied himself with Nemesio Oseguera Cervantes, Mexico's most-wanted man and the leader of the Jalisco New Generation Cartel. El Mochimito is wanted by the United States District Court for the District of Columbia for drug trafficking.

Sources
* https://riodoce.mx/noticias/anulan-sentencia-de-10-anos-dictada-al-hijo-de-alfredo-beltran-leyva
* https://riodoce.mx/narcotrafico-2/el-mochomito-su-historia-de-ascenso-y-descenso
* https://www.proceso.com.mx/444537/senalan-a-mochomito-sobrino-chapo-autor-del-ataque-contra-casa-madre
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Re: 10 year sentence of Alfredo Beltrán Leyva's son is declared invalid

Mica
Does he get released now?
MX
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Re: 10 year sentence of Alfredo Beltrán Leyva's son is declared invalid

MX
I'm not sure. None of the sources I've looked have talked about it. The conviction was cancelled, but they still have charges against them. This is the perfect time for the defense to cry for a violation in due process (which they did, but the witnesses didn't stick to the same story) or try to pull some strings to get them out of jail. With Mexico's New Criminal Justice System (Nuevo Sistema de Justicia Penal, NSJP), it's not that hard to walk away from prison even if found guilty.
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Re: 10 year sentence of Alfredo Beltrán Leyva's son is declared invalid

El17
In reply to this post by MX
"According to government sources, since El Mochomito was 16 years old, his family asked him to honor his clan's name and pursue a career in organized crime. "

Could you imagine being asked to run BLO at 16 years old?  I wonder what that convo was like:  Hey you know that cartel that massacred the familes of marines who killed your uncle Arturo?  Yea we need you to run that.