Beyond The Horizon

The El Chapo Files: The Presentencing Letter Sent To The Court By The Prosecution (6/27/24)

A pre-sentencing letter sent by the prosecution to the court is a document submitted before the sentencing phase of a criminal case. This letter typically includes:

Summary of the Case: A brief overview of the case, including the nature of the crime and the defendant's involvement.
Impact of the Crime: Information on the impact of the crime on victims, the community, and other relevant parties.
Defendant's Background: Details about the defendant's criminal history, behavior, and any other relevant personal information.
Sentencing Recommendations: The prosecution's recommendations for sentencing, including suggested penalties or prison terms, based on sentencing guidelines and the specifics of the case.
Rationale for Recommendations: Justification for the proposed sentence, often referencing legal standards, precedent, and the goals of punishment such as deterrence, retribution, rehabilitation, and public safety.

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source:

sentencia_chapo.pdf (unodc.org)

Duration:: 16m
Broadcast on:: 27 Jun 2024
Audio Format:: mp3

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Care to join me? - Sponsored by Chumba Casino, no purchase necessary, VGW Group. - Where prohibited by law, 18 plus terms and conditions apply. - What's up everyone and welcome back to the program. In this episode, we're gonna take a look at the sentencing letter that the government sent to the court before El Chapo was sentenced. So let's dive right into it as we continue to explore the El Chapo files, July 10th, 2019. United States versus Joaquin Archivaldo Guzman-Nurea, Criminal Docket #09-0466-S4-BMC. Dear Judge Kogan, the government respectfully submits this letter in advance of the sentencing of the defendant Joaquin Archivaldo Guzman-Nurea. The defendant is scheduled to be sentenced on July 17th, 2019 at 9.15 a.m. The background. On February 12th, 2019, following an 11 week trial, a jury found Guzman guilty of all 10 counts in the above referenced indictment. These counts charge the defendant with engaging in a continuing criminal enterprise count one in violation of Title 21, US Code Section 848-A&B. Substantative drug and drug conspiracy offenses counts two through eight in violation of multiple provisions of Title 21, US Code as set forth in the indictment. The unlawful use of a firearm count nine in violation of Title 18, US Code Section 924-C, one A and I, 924-C, one A and two, 924-C, one A and three, and 924-C, one B and two. And money laundering conspiracy count 10 in violation of Title 18, US Code Section 1956-A1-A and one. 1956-A, one B, 1956-A2-A, 1956-A2-B, and 1956-H. C, pre-sentencing report at one through 36. With respect to the CCE, the jury found that the defendant was a principal leader of the Sinaloa cartel, trafficked 150 kilos or more of cocaine, and obtained $10 million or more in gross receipts within a 12 month period. Findings that trigger the statutory mandatory penalty of life imprisonment. C, US Code 21, Section 848-B, PSR 2-163. Of the 27 violations charged as part of the CCE, the jury found the defendant committed 25 of them. Among these, the jury found that the defendant conspired to murder victims who posed a threat to the Sinaloa cartel. Specifically, the murder conspiracy targets included informants or people the defendant or as co-conspirators believed to be informants, rival cartel members, law enforcement officers, close associates who betrayed the Sinaloa cartel in some fashion, and even family members. C, PSR 83-89. During the course of trial, the government presented evidence that the defendant ordered the murders of or in some instances, personally tortured and murdered 26 individuals and groups of individuals. In addition to the CCE charged in count one, the jury found the defendant guilty of unlawfully using a firearm in relation to drug trafficking, count nine, one or more of which firearms was brandished and discharged, and one or more of which was a machine gun in violation of Title 18, US Code, Section 924-C, one A and three, and 924-C, one B and two. Specifically, the jury found that the defendant had discharged firearms and had used a machine gun in the course of committing his drug crimes, the later of which carries an enhanced penalty of 30 years imprisonment. The overwhelming evidence at trial showed that the defendant was a ruthless and bloodthirsty leader of the Sinaloa cartel. 14 cooperating witnesses testified that the defendant was one of the cartel's principal leaders. Testimony showed that the Sinaloa cartel was one of the most powerful drug trafficking organizations in Mexico and that I was able to seize control of vast swaths of territory throughout Mexico. It did so by wielding extraordinary violence, including kidnapping, torture and murder, as a tool to enforce discipline against its members and those who acted against the cartel's interests, as well as through extensive public corruption. The defendant's army of Sicarios frequently carried out this violence on the defendant's direct orders, sometimes he carried out the violence himself. Testimony also showed from the 1980s until at least his arrest, the defendant was relentless in devising new methods to evade law enforcement detection to enable him to transport multi-ton quantities of cocaine from South America to the United States for distribution. In addition to cocaine, the defendant oversaw the shipment of heroin, cocaine base, a Fedron, methamphetamine and marijuana into the United States, CPSR 90. Over the course of trial, the evidence showed that the defendant was responsible for the importation or attempted importation into the United States of at least 1,213,100 kilos of cocaine, 1,440 kilos of cocaine base, 222 kilos of heroin, 49,800 kilos of marijuana and quantities of methamphetamine. The defendant maintained his position as a leader of the Cinaloa cartel for 25 years and part through unyielding obstruction of justice. The defendant ordered the killing, kidnapping and torture of individuals whom he believed were cooperating with law enforcement against his personal interests and the interests of the Cinaloa cartel. CPSR at 98, he also fled from justice for many years, following his 2001 escape from prison in Mexico, which he undertook upon learning that he could soon be extradited to the United States. Indeed, in the years following his 2001 escape, he narrowly escaped capture during multiple large scale law enforcement operations, escaped prison a second time in 2015 and bribed law enforcement and political officials on numerous occasions. CPSR 99 through 100, testimony further showed that the defendant planned to escape from prison again only months before his extradition to the United States in January, 2017, CPSR 52. Two, the guidelines calculation of life plus 30 years imprisonment is correct. With respect to the applicable sentence, the government agrees with the guidelines calculation set forth in PSR, which yields a total offense level of 66 and applicable guidelines range from life imprisonment, CPSR 169. Moreover, because the jury found the defendant guilty of all three sentencing enhancements under the CCE in count one, the statutory mandatory minimum sentence is life imprisonment. CPSR at 163, because the jury convicted the defendant of unlawful use of a firearm in relation to drug trafficking and found that the offense involved the machine gun, the defendant's statutory mandatory minimum sentence with regard to count nine is 30 years, which must run consecutively to the sentence on count one, CPSR 169. Even if the court had discretion to impose a sentence of less than life imprisonment, a life sentence would still be warranted under the sentencing factors outlined in section 3553A, the horrific nature and circumstances of the defendant's offense, his history and characteristics, and the fact that the defendant committed some of the most serious crimes under federal law make a life sentence warranted. US Code 18, section 3553A, one and two. A life sentence is warranted to protect the public from further crimes of the defendant, who has spent three decades committing crimes unabated and obstructing justice to avoid taking responsibility for those crimes. A life sentence is just punishment for this defendant and will provide general deterrence to drug kingpins who believe they are beyond the reach of the law. US Code 18, section 3553A, two AB. The government respectfully requests that the court find that it would impose a sentence of life imprisonment even if the statute did not require such a sentence. Three, victim notification and restitution. As noted above, the defendant conspired to murder numerous persons and groups of persons during his tenure as one of the principal leaders of the Sinaloa cartel. To the extent practicable, the government has made notification to the victims of those murder conspiracies whom it was capable of locating. At least one of the victims who survived a murder plot initiated by the defendant intends to make a victim impact statement at the sentencing hearing on July 17th. The government has also attempted to contact these victims to appraise them of their right to restitution. CUS Code 18, section 3771A and six. Victims have the right to full and timely restitution as provided in law, PSR 198. Noting that the court may order restitution to any victims of count one under US Code 18, section 3663. All but one of the victims the government was able to contact indicated that they would not seek restitution in this case. The government is awaiting a victim loss affidavit from the single victim who has indicated he/she would like to seek restitution. While the court may find restitution to victims as warranted at sentencing, it is not necessary for the court to establish a restitution amount at sentencing. The court needs only to determine a restitution amount within 90 days following sentencing. CUS Code 18, section 3664. If the victim's losses are not ascertainable by the date that is 10 days prior to the sentencing, the attorney for the government or the probation officer shall so inform the court and the court shall set a date for the final determination of the victim's losses not to exceed 90 days after sentencing. If the victim subsequently discovers further losses, the victim shall have 90 days after discovery of those losses in which to petition the court for an amended restitution order. Dolan versus United States 560, US, 605, 608, 2010. We hold that a sentencing court that misses the 90 day deadline nonetheless retains the power to order restitution at least where, as here, the sentencing court made clear prior to the deadline's expiration that it would order restitution, leave an open, for more than 90 days, only the amount. Under Dolan, as long as the court orders restitution at sentencing in any amount to be later determined, it can then amend the judgment at a later date, even after the statutory 90 day period expires. - I'm Victoria Cash and I wanna invite you to a place called Lucky Land. - Where you can play over a hundred social casino style games for free for your chance to redeem some serious prizes. So what are you waiting for? The best way to discover your luck is to spin. So go to luckylandslots.com, that's luckylandslots.com and get lucky today at Lucky Land. - No purchase necessary, VGW Group, boy prohibited by law, 18 plus terms and conditions apply. - The court may amend the judgment based on written submissions by the parties rather than holding a hearing. See United States versus Pickett, 612, F.3D, 147, 148, Second Circuit 2010. On March 27th, 2009, the government submitted a letter that presented the evidence of loss. And on May 1st, 2009, 98 days after Pickett's sentencing hearing, the district court adopted the law's figures set forth in the government's letter and entered an amended judgment, imposing restitution in the amount of $2,400,800. Accordingly, the government requests that the court order restitution for the murder conspiracy victims in an amount to be later determined by the court. Within 90 days of sentencing, the government will submit proposed restitution amounts for any identifiable victims seeking restitution. Part four, the court should dismiss the drug conspiracy counts without prejudice. To avoid a potential double jeopardy issue, the government respectfully moves the court to dismiss counts two through four, the narcotics distribution conspiracy counts, which constitute lesser included offenses of the CCE charge and count one. So as to not impose double punishment for the same underlying criminal conduct. CUS versus Miller, 116, F.3D, 641, 678, Second District, 1997. Given the Supreme Court's recent decision in Rutledge versus United States, 517, US, 292, 116, Superior Court, 1241, 134, L.ED.2D 419, 1996, ruling that a guilty verdict on US Code 21, Section 848 charge necessarily includes a finding that the defendant also participated in a conspiracy in violation of US Code 21, Section 846, conspiracy is therefore a lesser included offense of CCE. The government concedes, and we agree, that Miller's conviction for narcotics conspiracy should be reversed, and that count one of the indictment against him should be dismissed. In the event the conviction on count one is reversed or vacated on appeal, the court may reinstate the convictions on counts two through four and sentence the defendant pursuant to those three counts. C. Rutledge, 517, US at 305. Federal appellate courts appear to have uniformly concluded that they may direct the entry of judgment of a lesser included offense when a conviction for a greater offense is reversed on grounds that affect only the greater offense. C.E.G. Rutledge versus United States, 230, F.3D, 1041, 1049, seven circuit 2000. Concluding that district court may reinstate vacated conspiracy convictions. US versus Cabocang, 481, F.3D, 1176, 1186, 1183, 9 circuit 2007. However, if the greater offense is later reversed on appeal, the appellate court should reinstate the previously vacated convictions on the lesser included offenses. Internal quotation marks omitted. Accordingly, the government requests that the court dismiss counts two through four without prejudice to reinstate following appeal. Five, conclusion. For the reasons discussed above, the court should sentence the defendant to the statutory mandatory minimum of life imprisonment with 30 years imprisonment to run consecutively. The defendant should be ordered to pay restitution with the amount to be determined within 90 days of the defendant sentencing hearing, and the court should dismiss counts two through four without prejudice to reinstatement following appeal. Respectfully submitted, Richard P. Donahue. All right, folks, there's the latest installment of the El Chapo files, and there is more on the way. All of the information that goes with this episode can be found in the description box. - Hello, it is Ryan, and we could all use an extra bright spot in our day, couldn't we? Just to make up for things like sitting in traffic, doing the dishes, counting your steps, you know, all the mundane stuff. That is why I'm such a big fan of Chumba Casino. Chumba Casino has all your favorite social casino style games that you can play for free anytime, anywhere with daily bonuses. So sign up now at Chumba Casino.com. That's Chumba Casino.com. Sponsored by Chumba Casino, no purchase necessary. 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