“Morogris” for Borderland Beat
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| Osiel Cardenas Guillen was the top leader of the Gulf Cartel and Los Zetas in the late 1990s and early 2000s. He is credited with pioneering the paramilitarization of Mexico’s cartels by forming Los Zetas, originally composed of ex-commandos. |
A Mexican federal court has granted a motion filed by former Zetas and Gulf Cartel leader Osiel Cárdenas Guillén, who is months away from being released from a US federal prison.
The motion, presented by Cardenas’s defense team, aims to shield him from potential arrest by Mexican authorities if Cardenas is deported back to Mexico following the completion of his sentence in the US. This legal maneuver indicates that Cardenas is making preparations for his release and potential return to Mexico.
The decision effectively drops the firearm charges against Cardenas. The judge argued that this particular offense, carrying a potential sentence of over 20 years in Mexico, has now exceeded the statute of limitations.
According to court records, the defense argued that the firearm charge against Cárdenas took place on March 14, 2003, the day he was apprehended in flagrante delicto. These firearms charges were deemed serious offenses as they involved weapons designated for military-exclusive use, constituting an aggravated factor in the charge.
However, Mexican prosecutors did not formally accuse him until two years later and was kept in prison on other charges.
His defense team argued that Mexican prosecutors agreed to extradite Cardenas in 2007 under the condition that he would face charges in Mexico first, and that once these proceedings concluded, he would be extradited to the US. They contend that Cardenas should not face charges upon his return to Mexico, citing this precedent.
The judge endorsing Cardenas’s motion is Jorge Mario Montellano Iturralde, and the case has been transferred to another court for a final review.
It is unclear if Cardenas faces other charges in Mexico in addition to this firearm charge.
Background
Cardenas Guillen served as the top leader of the Gulf Cartel from 1999 to 2003. During his leadership, he recruited several ex-military members to establish the cartel’s paramilitary wing, Los Zetas. At the peak of his influence, he became one of the most sought-after international fugitives.
Arrested in Mexico in 2003, Cárdenas Guillén was subsequently extradited to the U.S. in 2007. Initially sentenced to 25 years in prison without the possibility of parole in 2010, his sentence has undergone multiple reductions.
As per the Federal Bureau of Prisons (BOP), Cárdenas Guillén’s anticipated release date is set for August 30, 2024. He is currently held at the USP Terre Haute in Indiana.
Last month, a photo of him posing with another federal inmate was leaked on social media. This is the most recent picture of him to date since his extradition to the US.
Sources: Milenio; Borderland Beat Archives