Lawyers for Genaro García Luna, former Mexican Secretary of Public Security, filed an appeal against his 38-year US prison sentence, claiming due process violations and unreliable witnesses. The 78-page document seeks to overturn the conviction or order a new trial. García Luna, convicted of drug trafficking and ties to the Sinaloa Cartel, maintains his innocence.
Genaro García Luna, who served as Mexico's Secretary of Public Security under President Felipe Calderón, was sentenced in October 2024 to 38 years in prison and a $2 million fine for drug trafficking, organized crime collaboration—specifically with the Sinaloa Cartel—and lying to US authorities. The guilty verdict came in February 2023 from the US District Court for the Eastern District of New York, overseen by Judge Brian Cogan, who also presided over Joaquín 'El Chapo' Guzmán's trial and accused García Luna of leading 'a double life'.
The appeal, filed on Thursday to the US Court of Appeals for the Second Circuit in New York, spans 78 pages with extensive attachments. It rests on five main arguments: due process violations, the court's abuse of discretion in denying a hearing for a new trial, credibility given to unreliable witnesses who made false statements, erroneous evaluation of evidence, and withholding of exculpatory evidence, such as classified information the defense could not access. Lawyers contend the proceedings were 'irremediably contaminated', preventing cross-examination of key witnesses and leading to a 'procedurally and substantively unreasonable' sentence.
"The sentence imposed on García Luna was procedurally and substantively unreasonable, based on erroneous information, and shockingly higher than necessary to satisfy the purposes of sentencing," the appeal document states. It also challenges the admission of unrelated evidence, like photos of García Luna's properties. The defense requests the sentence be vacated or a new trial ordered for the 57-year-old, who is serving time at the maximum-security ADX Florence prison in Colorado, alongside 'El Chapo' Guzmán.
Rulings on such appeals typically take six months to two years. García Luna has maintained his innocence throughout the case.
