| Bolivia
Former Anti Narco Czar Was
Extradited In Now for Oct 14
Trial US Describes 4 Videos
by
Matthew Russell Lee, Patreon Book
Substack
SDNY
COURTHOUSE,
Oct 6 –
The day before U.S. District
Court for the Southern
District of New York US
Attorney Damian Williams
leaves the office, DOJ
announced that MAXIMILIANO
DAVILA-PEREZ, a/k/a “Macho,”
was extradited from Bolivia
and arrived in the U.S. this
morning to face federal
charges for conspiring to
import cocaine into the U.S.
and conspiring to use and
possess machineguns in
connection with this cocaine
importation conspiracy.
DAVILA-PEREZ will make his
initial appearance this
afternoon before the Honorable
Robyn F. Tarnofsky.
Inner City
Press went, and as the only
media in the SDNY Mag court,
live tweeted. Thread:
Davila-Perez is
brought out by US Marshals. He
is wearing an Adidas track
suit, at least the jacket.
Puts on Spanish interpretation
headphones.
Same prosecutors
as on all the Honduras / JOH
narco cases. 3 law enforcement
officers here in the
courtroom, presumably DEA.
All rise!
Magistrate Judge Robyn F.
Tarnofsky: Based on the
statements in the [sealed]
financial statement, I am
appointing you a lawyer....
How di you plead? Not guilty.
Defense lawyer:
We consent to detention
without prejudice. Adjourned.
On December 18,
he appeared (in Essex yellow)
before District Judge Denise
L. Cote, thread:
All rise! Judge:
Trial is on October 14,
2025.
AUSA Robles: We
have video and audio of
meetings. Defense counsel: I
have a trial starting Sept 23
before Judge Broderick
Judge: By
February 28, write me if Mr.
Davila-Perez will need a new
lawyer for the October 14
trial. Defense: We need
medicine for Mr. Davila's
thrombosis of the leg.
Judge: Which leg?
[Confers] Defense: Left.
Judge: I will order it
Adjourned
Docketed on May
8, 2025, co-defendant Cahuana
Barrientos wrote in from
prison in Florida seeking a
reduction in sentence.
On May 22 in
court, with Inner City Press
present, "as to Jorge
Roca-Suarez, Xavier Donaldson
is relieved as counsel and
Peter Skinner is appointed as
CJA counsel for the
defendant."
On May 23, Judge
Cote docketed that
co-defendant Serrate-Middagh
will change his not guilty
plea on May 29 at 3:30 pm.
He did: "Juan
Carlos Serrate-Middagh
withdraws his not guilty plea
and pleads guilty as charged
to Count 1 of the s17
indictment. The Court accepts
the guilty plea. PSI Ordered.
Sentence date set for August
29, 2025 at 11:00 AM.
Defendant's sentencing
submission shall be due August
15, 2025. Government's
response due August 22, 2025.
Detention continued."
On May 28 for
co-defendant Davila-Perez,
currently counsel having
written in he can't do a mid
October trial said he spoke
with another CJA who can -
then wrote in to clarify that
that while the US Attorney's
Office does not oppose a
change, it is not not
conferred about any particular
replacement counsel. Good to
avoid an appellate issue...
On August 1 his
new CJA lawyer moved to
dismiss including based on the
statute of limitations,
arguing that "the total delay
from the date the indictment
was first voted is four years.
The delay from the time that
the indictment was unsealed to
seek Davila's extradition is
two years and eight months."
On August 22
Judge Cote denied the
motion(s) to dismiss: "as to
Maximiliano Davila-Perez. The
defendant's August 7, 2025
motion to dismiss the
Indictment is denied. (Signed
by Judge Denise L. Cote on
8/22/2025)."
Later on August
22 the US Attorney's Office
wrote in asking on
co-defendant Serrate Middagh
for 108 months on August 29.
Inner City Press
went to the sentencing and
live tweeted. The defendant
sobbed, and said his daughter
was in the hall, he was too
embarassed to have her come
in. Then he was sentenced to
108 months.
On September 9
Judge Cote agreed to recommend
as close to Florida as
possible: "as to Juan Carlos
Serrate-Middagh (13). The
Court hereby RECOMMENDS that
the Bureau of Prisons
designate the defendant to a
facility as close to the state
of Florida as possible.
(Signed by Judge Denise L.
Cote on 9/9/25)."
On September 24
counsel to Davila-Perez put in
a motion in limine filing with
a redaction, after saying the
US didn't meet its burden
under Bourjally.
On September 25,
for the August 29 sentencing
which Inner City Press
covered, defense counsel wrote
in to nonetheless redact the
transcript of what was said in
open court, adding that "the
government does not have any
objection."
On September 30
before the upcoming final
pre-trial conference the US
wrote it it plans to call CW-2
who was told by Cahuana that
the defendant told him that
"if the incumbent party in the
then-upcoming Bolivian
elections lost, the new party
would likely work with the US
against drug traffickers who
had been protected by the
ruling party in the past."
After the final
pre-trial conference, on
October 6 the US Attorney's
Office wrote in arguing for
the admission at trial of four
videos "without
testimony from a direct
participant in the meetings
captured in the Recordings."
More on X for
Subscribers here
and Substack here
The case is USA
v. Vasquez-Drew, et al.,
1:19-cr-91 (Cote)
***
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