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Men Extradited by Colombia Not on Guns Only Drugs Now US Asks 210 Months on Lead-D

by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, Nov 28 – A man extradited in from Colombia was presented on March 22, 2024 before U.S. District Court for the Southern District of New York Magistrate Judge Gary Stein. Inner City Press was there, the only media in the SDNY Mag Court.

  Olmes Duran Ibarguen had been indicted on cocaine importation and machine gun charges.

But it emerged that Colombia had only extradited him on the cocaine counts, and so the machine gun charges, like those on which former Honduras President Juan Orlando Hernandez was convicted earlier in the month, would in this case be dropped. 

  The day's CJA lawyer, from a large law firm based in New Jersey, consented to detention.  

On May 29, co-defendant Juan Felipe Santibanez Cardona pled guilty, with sentencing set for October 21.

On August 21, Olmes Duran Ibarguen came to plead guilty, and Inner City Press was there, thread:

He's still in yellow - still in Essex; two US Marshals, two lawyers

Judge: We were charged with massive amounts of narcotics. You are being allowed to plea to a lesser included offense, conspiracy to import 500 grams and more of cocaine, with mandatory minimum prison sentence of 5 years.

 Judge: Tell me what you did. Defendant: In August 2021 in Cali, Colombia I met with my co-defendants about transporting cocaine to NYC, via Panama, Costa Rica, DR or Guatemala. I would get paid in Mexico City.

Judge: I accept your guilty plea...Sentencing will be on December 10 at 10:30 am.

  Another co-defendant was set to plead guilty just after, but asked for more time to speak with counsel so it was re-scheduled.

And on August 28, the guilty plea did happen: Oscar Henao-Montoya pled guilty to the lesser included offense in Count 1, with sentencing set for December 17 at 10:30 am.

On October 29, defense counsel wrote in to asking for a thirty day delay, for the PSR to be translated and to get letters.

On November 12, for Santibanez Cardona's sentencing on November 26, the US Attorney's Office wrote in asking for 210 months.

On November 26, he got 15 years: 180 months, but will transfer to his designated institution delayed until February 2025 in order for him to complete his coursework at St. Francis College.

On November 27, co- and lead defendant Montoya Garcia through his Federal Defenders asked for five years when he is sentenced on December 12.

The US Attorney's Office then wrote in asking for 210 months - seventeen and a half years.

 The case is US v. Montoya Garcia, et al., 21-cr-692 (Caproni) 

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