Additionally, if the Defendant requests, and in the judgment of this Office the request is reasonable, this Office will recommend to other offices in the U.S. Government that the Defendant and, if appropriate, his family members, be allowed to remain permanently in the United States through appropriate means. Defendant understands that this Office has authority only to recommend such a course of action and that the final decision whether to grant such relief rests within other offices of the Department of Justice and with other agencies of the U.S. government, which will make their independent decision in accordance with applicable law, policy, and procedures.
On the Guideline Calculations:
[B]ased on the facts now known to the government, the anticipated offense level is 51, which, when combined with the anticipated criminal history category of I, results in an anticipated advisory Sentencing Guidelines range of life imprisonment, in addition to any supervised release and fine the Court may impose. Defendant also acknowledges that he is subject to a statutory minimum sentence of 10 years' imprisonment.
As to the cooperation reduction:
At the time of sentencing, the government shall make known to the sentencing judge the extent of defendant's cooperation. If the government determines that defendant has
continued to provide full and truthful cooperation as required by this Agreement, then the government shall move the Court, pursuant to Guideline § 5Kl.l, to depart downward from
the low end of the applicable Guideline range.
So long as the government asks for any reduction, he agrees not to ask for a sentence under 10 years:
Defendant further understands that the government reserves the right to make whatever recommendation it deems appropriate regarding the extent of any downward departure. Defendant is free to recommend any sentence within the statutory minimum and maximum penalties.
He won't get a safety valve reduction because he's agreeing to a firearm enhancement and that he had a leadership or organizer role in his criminal activity..
He's also agreeing to a $1 billion forfeiture:
Defendant does not contest the entry of a forfeiture judgment in the amount of
$1,373,415,000, and against the property identified above, in that this property is subject to forfeiture. Prior to sentencing, defendant will not contest the entry of a preliminary order of forfeiture relinquishing any right of ownership he has in the above-described funds and further will not contest the seizure of these funds so that these funds may be disposed of
according to law.
The agreement says it only binds the U.S. Attorney for Illinois. What happens to his District of Columbia case? Sounds like the Government will move to dismiss it based upon his plea in this case.
Who is left for him to cooperate against? Only Alfredo Vasquez-Hernandez is left in the case. He's set for trial in May. While the timing of the unsealing of this year old plea agreement suggests they will call him as a witness, it doesn't seem like the Government really needs him. First, Vasquez-Herandez is only charged with working for the El Chapo faction, not the Zambada-Garcia faction. Second, the Government has the Flores twins, their underling Cesar Perez (who got a whopping 66% sentence reduction for cooperating), and Cooperating Witnesses A and B to make its case against Vasquez-Hernandez.
Will the Government use Zambada-Niebla against his father? Ismael Zambada-Garcia hasn't even been arrested yet. If he is, and fights extradition, it could be years before he gets here. Co-defendant German Oliveres, a plaza boss, has not been extradited as far as I can tell, making any trial against him years off. El Chapo likely will be fighting his extradition for years as well. Can the Government make Zambada-Niebla cooperate against his father and El Chapo if they are brought here years from now? Theoretically, yes, since he's agreeing to postponement of his sentencing until his cooperation is done. Also, the Government can move for an additional sentencing reduction after Zambada-Niebla is sentenced based on new cooperation. But it's equally possible the Government told him they don't expect him to cooperate against his father and/or El Chapo.
Zambada-Niebla will get credit for time served since his arrest in Mexico in 2009. If he gets a 10 year sentence, he'd only have four years left. If he gets 20 years, he'd do around 85% of 16.
I suspect Zambada-Niebla will have a lot of company in the witness protection program. The Flores twins are there. I'd bet his uncle, Jesus Reynoldo Zambada-Garcia is there too. In January, 2013, he agreed to plead guilty to the charges in his Indictment in the Eastern District of New York via a Rule 20 Transfer to the District of Columb