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"El Mayo" Agrees to New York Court Transfer

Friday, September 6, 2024 17:00

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“Socalj” for Borderland Beat

Ismael Garcia Zambada, better known as “El Mayo” has agreed to move his case to New York after a federal judge had ruled the case should remain in El Paso. The federal judge denied the government’s motion to transfer Zambada to New York from El Paso.

U.S. Attorney’s Office filed a new motion Thursday, claiming Zambada and his attorney have agreed to move his case to New York. He was arrested on July 25, 2024 on a 2012 warrant issued in connection with a Western District of Texas indictment. In New York, the superseding indictment was filed in February of 2024.

Initial Transfer Request & Denial

“The Government requests that without unnecessary delay a hearing be held [...] to provide the defendant with an initial appearance and legal warnings regarding his pending charges in the Eastern District of New York, so that he may be informed of those charges,” the court document released on August 15 states.

However, on August 23, Ismael Zambada’s legal defense challenged the transfer. In the document, they argued that there was no basis to authorize the change of court, so they opposed the transfer.

According to court records, U.S. District Judge Kathleen Cardone ruled that this case could not be tried in New York because he was arrested using a Texas warrant. The Texas judge had initially ruled to deny the transfer of Ismael “El Mayo” Zambada to New York to a court where convictions were made against both Joaquín “El Chapo” Guzmán Loera and Genaro García Luna.

“The request to schedule an initial hearing on the charges in the Eastern District Court of New York is denied, and the request to avoid spending time on the case in the Eastern District Court through the Expedited Procedures Rule calculated for this case is denied without resolution,” stated the judge.

“It does not explain why Mr. Zambada García should withdraw from the Western District of Texas when this case is ongoing and then transfer to the Eastern District of New York (…) The Government seeks to remove Mr. Zambada García from this District based on an improper and unfounded request for initial appearance,” stated his defense attorney Frank Perez.

However, Perez filed a motion late Thursday afternoon stating Zambada did reach an agreement with federal prosecutors to move the case.

“Defendant (Zambada) does not object to being transferred or transported to EDNY,” U.S. Attorney’s Office officials wrote in the motion. In the notice filed Thursday by Perez, he informed Cardone that Zambada did agree to move his case to New York. He also agreed to waive his right to a speedy trial in the Western District of Texas until after the case is tried in New York.

“El Mayo” Zambada has accumulated at least 17 indictments filed in New York, Texas, District of Columbia, Illinois and California, among others.

Although most of the charges against him are for similar crimes, there are some differences between the accusations filed in the Western District Court of Texas and the Eastern District Court of New York.

Texas Indictment

In Texas, El Mayo Zambada was charged alongside “El Chapo” and many others in 2012 with engaging in a Continuing Criminal Enterprise, as well as many related charges.

Murder
Two counts of continuing criminal enterprise
Conspiracy to possess narcotics
Attempt/conspiracy – narcotics – importation/exportation
Laundering of monetary instruments
Conspiracy to possess firearm/drug traffickers and aid and abet

In his first hearing in Texas the drug lord pleaded not guilty to 38 charges against him.

New York Indictment

Among the accusations that Zambada faces in New York is his alleged trafficking of fentanyl. These accusations were added in February, when the Department of Justice published a fifth superseding indictment against “El Mayo.”

“As alleged, Zambada Garcia is charged with numerous drug-related offenses, now including the manufacturing and distribution of fentanyl,” U.S. Attorney Breon Pearce said at the time.

In the Eastern District of New York in Brooklyn, Zambada is facing 17 federal criminal charges.

Continuing criminal enterprise
International cocaine, heroin, methamphetamine, marijuana and fentanyl manufacture and distribution conspiracy
Cocaine importation conspiracy
Conspiracy to distribute narcotics
International distribution of cocaine
10 counts of cocaine distribution
Use of firearms
Conspiracy to launder narcotics proceeds

Source Infobae, Infobae, El Paso Times, KFOX

Source: https://www.borderlandbeat.com/2024/09/el-mayo-agrees-to-new-york-court.html

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