On June 30, the Second Collegiate Court on Criminal Matters of the Second Circuit accepted for review the appeal filed by the Attorney General’s Office (FGR) against the *amparo* (judicial protection) granted to Abraham Oseguera Cervantes—known as “Don Rodo”—the brother of the late leader of the Jalisco New Generation Cartel (CJNG), Nemesio Oseguera Cervantes (“El Mencho”).
Consequently, the appellate court must now decide whether to uphold, modify, or overturn the judicial protection that halted the formal indictment of the cartel’s alleged financial operator.
The contested *amparo* was granted weeks ago by Daniel Marcelino Niño Jiménez, the Fourth District Judge on Criminal Matters based in the State of Mexico. Niño Jiménez determined that the presiding judge had improperly reclassified the offense from possession of firearms to carrying firearms—a distinction that, according to the *amparo* judge, violated the presumption of innocence of Oseguera Cervantes and three of his alleged associates.
The ruling did not order “Don Rodo’s” release, but it did mandate that the presiding judge set aside the formal indictment and issue a new ruling. It was this order that the FGR sought to reverse through the appeal accepted today.
