Mica for cartelinsider.com
Beatriz Moguel Ancheyta, Judge of the Control Court of the Federal Criminal Justice Center at the Eastern Penitentiary, approved the extradition to the United States of Antonio Oseguera Cervantes, also known as “Tony Montana,” brother of the leader of the Jalisco New Generation Cartel (CJNG), Rubén or Nemesio Oseguera Cervantes, also known as “El Mencho.”
According to judicial documents cited by the newspaper Reforma, the federal judge considered that there was no doubt that the identity of the requested person corresponded to the detainee, in addition to the fact that the request for extradition by the US government complied with the International Extradition Law, as well as with the Extradition Treaty between the United Mexican States and the United States of America.
According to the legal opinion of the presiding judge, “Tony Montana” should be handed over to the American authorities to be tried in the Federal Court of the District of Columbia, in Washington D.C., for charges of conspiracy to import cocaine and methamphetamine, as well as possession of a firearm in support of said conspiracy.
“The judge sent her legal opinion to the Secretariat of Foreign Affairs (SRE), so that, within a maximum period of 20 days, it could decide whether to grant or deny the requested extradition. However, Moguel Ancheyta’s decision was not binding, meaning it did not compel the Mexican Ministry of Foreign Affairs to make a decision in the same direction.”
The EU accuses ‘Tony Montana’, brother of ‘El Mencho’, of international trafficking of cocaine and methamphetamine.
A grand jury in the District of Columbia issued, on January 24, 2023, an indictment against Antonio Oseguera Cervantes, aka “Tony Montana”, brother of the leader of the Jalisco New Generation Cartel (CJNG), Nemesio Oseguera Cervantes, “El Mencho”, for conspiracy to traffic international cocaine and methamphetamine, and if found guilty, faces a mandatory minimum sentence of 15 years in prison in that country.
“According to court documents, 64-year-old Oseguera Cervantes from Michoacán is accused of conspiracy to distribute cocaine and methamphetamine for importation into the United States, as well as possession of a firearm to further a drug trafficking offense,” the US Department of Justice stated in a press release.
The US government detailed that, in addition to being the brother of “El Mencho”, the CJNG is responsible for trafficking significant amounts of illegal drugs to the United States for profit and using violence to promote their objectives.
“Oseguera Cervantes is accused of conspiracy to distribute five kilograms or more of cocaine and 500 grams or more of methamphetamine for importation into the United States from January 1998 to December 2022, and possession of a firearm to promote drug trafficking from January 2000 to December 2022,” added the US Department of Justice.
“The Assistant Attorney General Kenneth A. Polite, Jr. of the Criminal Division of the Department of Justice and the Administrator of the Drug Enforcement Administration (DEA), Anne Milgram, made the announcement. The DEA’s field office in Los Angeles is investigating the case. Litigation attorneys Kate Naseef and Nhan Nguyen, and Acting Deputy Chief Kaitlin Sahni of the Narcotics and Dangerous Drugs Section of the Criminal Division are prosecuting the case,” added the United States government.
“‘TONY MONTANA’, brother of ‘EL MENCHO’, seeks protection against being linked to a legal process”
“Abigail Ocampo Álvarez, head of the First District Court for Amparo and Federal Trials in the State of Mexico, admitted for processing on January 19, 2023, a protective order lawsuit against the criminal proceedings filed by Antonio Oseguera Cervantes, also known as “Tony Montana”, brother of the leader of the Jalisco New Generation Cartel (CJNG), Nemesio Oseguera Cervantes, also known as “El Mencho”.”
The federal judge accepted the complaint of guarantees from the complainant, granting them temporary suspension so that their personal freedom is at the disposition of the judge in charge of their protection in the place where the brother of “El Mencho” is being held.
However, Ocampo Álvarez rejected granting “Tony Montana” the provisional suspension against the resolution that linked him to a criminal proceeding, for alleged crimes against health, possession, accumulation of firearms and ammunition for exclusive use by the Armed Forces, as these acts would be analyzed in depth in the criminal case 385/2022.
“‘Tony Montana’, brother of ‘El Mencho’, leader of the CJNG, is brought to trial”
On December 27, 2022, a federal judge linked Antonio Oseguera Cervantes, alias “Tony Montana”, brother of the leader of the Jalisco New Generation Cartel (CJNG), Nemesio Oseguera Cervantes, “El Mencho”, to a criminal trial.
The Attorney General of the Republic (FGR) charged “Tony Montana” – also known as José Mora Garibay – for his alleged involvement in crimes against health, possession, stockpiling of firearms and exclusive use cartridges for the Armed Forces.
During a hearing that lasted for more than five hours, the agent of the Federal Public Ministry (MPF), assigned to the Specialized Prosecutor’s Office for Organized Crime (FEMDO), presented the evidence, for which it is presumed that the brother of “El Mencho” is responsible for said crimes.
The judge linked the accused to the criminal trial and ordered preventive detention as a precautionary measure, so “Tony Montana” will remain in the Federal Social Rehabilitation Center (CEFERESO) Number 1, “El Altiplano”, located in the municipality of Villa de Almoloya de Juárez, in the State of Mexico, to which he entered at 7:13 p.m. on December 22, 2022.
“El Mencho’s brother was captured at 5:20 am on December 20, 2022, in the municipality of Tlajomulco de Zúñiga, Jalisco, by members of the National Defense Secretary (SEDENA) and the National Guard (GN), in coordination with the National Intelligence Fusion Center (CENFI) and the Attorney General’s Office (FGR). At the time of his arrest, “El Mencho’s” brother was found in possession of six handguns, a long gun, nine magazines, a package with possible cocaine, and two vehicles.”
The governments of Mexico and the United States considered “Tony Montana” – born on August 10, 1958 and originally from El Naranjo de Chila, municipality of Aguililla, in Michoacán – as a logistical operator for the CJNG, as well as being responsible for the acquisition of large quantities of firearms and coordinating violent actions against rival groups.
Likewise, the brother of “El Mencho” -who he directly depended on- was in charge of laundering money for the CJNG, acquiring precursor chemicals for the production of synthetic drugs, as well as corrupting authorities at all levels of government. He was also responsible for manufacturing the armored vehicles known as “monsters”.
On December 3, 2015, federal forces arrested “El Mencho”‘s brother during an operation in the municipality of Tlajomulco de Zúñiga, Jalisco. During his capture, “Tony Montana” had two long weapons, one short weapon, a vehicle, and a package of drugs seized from him.
However, “El Mencho’s” brother was released by a judge on December 7, 2016, after winning an amparo appeal against the arrest warrant that was issued against him, due to one of the documents lacking signatures.
The then General Commissioner of the Federal Police (PF), Enrique Galindo Ceballos, commented that in 2001, the brother of “El Mencho” served a sentence in Mississippi, United States, for the crime of damage to private property. However, he was released from prison on July 18, 2008.
On October 16, 2016, “Tony Montana” was classified by the United States Department of the Treasury for his participation in money laundering and international drug trafficking in the benefit of the Jalisco New Generation Cartel.
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Mica
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