“Sol Prendido” for Borderland Beat
The drug trafficker had requested the cancellation of his sentence on the grounds that it was imposed in violation of the U.S. Constitution.
A U.S. judge denied the request made by former Sinaloa Cartel leader Joaquín El Chapo Guzmán Loera to cancel his life sentence and request the assignment of a new lawyer to represent him, finding no merit to do so.
In a memorandum filed on December 26, Judge Brian Cogan, who also led the trial against the Mexican national, explained that El Chapo requested the cancellation of his sentence on the grounds that it was imposed in violation of the U.S. Constitution.
In particular, Guzmán Loera assures that the trial against him was contrary to the principle of specialty, which indicates that he could not be prosecuted for a different crime for which he was extradited. This is because his extradition was based on indictments in Texas and California district courts, and not on the New York indictment, for which he was finally found guilty.
In addition, the drug lord claimed that the conditions of confinement in which he was held in the United States were illegal, that part of the evidence used against him during his trial was obtained illegally and that there were failures in his defense to seek a reduction in his sentence, for example, by seeking a plea bargain.
Judge Cogan, however, detailed that the Mexican government itself rejected that the extradition was made under the principle of specialty, and that there is no reason to believe that his other charges were a basis to cancel his sentence for the crimes of organized crime, drug trafficking, illegal use of a firearm and money laundering.
“The motion for assignment of a defense and the petition for a writ of habeas corpus are denied,” Cogan concluded.