Ismael “El Mayo” Zambadaalleged head of the Sinaloa Cartelrejected the US government’s motion to transfer him to New York from El Paso, Texas, where he was arrested on July 25.
Zambada faces charges in both El Paso and Brooklyn federal court, where his former partner, Joaquin “El Chapo” Guzmanwas sentenced to life in prison in 2019.
On August 15, the Department of Justice asked Judge Kathleen Cardone of the District Court for the Western District of Texas to schedule an initial hearing to inform Zambada of the charges in New York and authorize his transfer so that that process takes priority over the one taking place in El Paso.
The judge, however, did not immediately accept the prosecution’s motion, but rather gave Zambada 11 days to oppose.
“The Office of the Attorney General makes no attempt to articulate why Mr. Zambada García should be removed from the Western District of Texas, when this process is already underway, and then transferred to the Eastern District of New York,” said attorney Frank Pérez in his response.
He added that there is no precedent to justify the New York charges taking precedence over those in El Paso, since for the latter, the accused has already had an initial hearing and a preliminary schedule has been set for the trial.
Perez also argued that procedural rules only allow one initial hearing for each defendant in each district where he faces charges, but Zambada is now seeking two initial hearings in the same district.
He faces 17 drug trafficking charges in New York
In the face of Zambada’s opposition, The judge will likely schedule a hearing to resolve the controversy.but could also do so by written order.
If the prosecutor’s request is accepted, the judge will have to set a date for an initial hearing where Zambada will be informed of the charges in New York, meaning the transfer would not be immediate.
In Texas, Zambada and 23 others are charged with drug trafficking, money laundering, possession of weapons for criminal enterprise, violent crimes and homicides in aid of a criminal organization.
But the advantages of a trial in New York, for the Department of Justice, are obvious, since Judge Brian Cogan knows the case welland there is already logistical and operational experience in terms of witnesses and juries that allowed the case against El Chapo to move forward.
The indictment against Zambada in Brooklyn was updated last February and includes a total of 17 charges for large-scale drug trafficking of more than 250 tons of cocaine exported by Colombian cartels such as the Valle Norte, the Luis Caicedo Don Lucho cartel and the Cifuentes Villa family cartel.
Also trafficking in fentanyl, methamphetamines, marijuana, heroin, conspiracy to commit murder and directing a criminal organization, beginning in 1989 and continuing through January 2024.
Continue reading:
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