The magistrates explained that this benefit of law is not a right of the person, but a faculty of the Judicial Power
"El Padrino" was convicted for participating in 1985 in the killing of DEA agent Enrique Camarena Salazar and Mexican pilot Alfredo Zavala Avelar.
The Second Collegiate Court in Criminal Matters of Mexico City denied the protection of federal justice to Miguel Ángel Félix Gallardo, who was the leader of the Guadalajara cartel, to serve his sentence of 37 years in prison at his home, and will continue interned in the maximum security prison of Puente Grande, Jalisco.
The federal magistrates explained that the granting of the domiciliary prison, by age, constitutes a facultative power of the Judicial Power, depending on each case and is not a right of the person.
"Although due to his age he has a deterioration in his health, the suffering he presents does not show an unnecessary notoriety so that he will comply with the sentence imposed", states the operative.
In his lawsuit, Felix Gallardo argued that he is over 70 years old and his health condition is precarious, so he could reach the benefit of house arrest and in case of not granting it, a case of discrimination would be incurred.
The capo known as "The Boss of Bosses", was convicted for participating in 1985 in the murder of the agent of the Drug Control Administration (DEA), Enrique Camarena Salazar and the Mexican pilot Alfredo Zavala Avelar.