AL ” THE SUIT ” CAVAZOS back on the street. Is ‘LIL’ RUBE next ? coming soon
Yeah. Ruben Cavazos Jr. will probably soon walk and like most things that happen anywhere ever, it will be Rebel’s fault. All them Mongols guilty pleas? Rebel did that.
From a brief filed this summer by defense attorney Gregory Nicolaysen:
“With the exception of Defendant #3, Hector Gonzales, every defendant in this 79 – defendant case has pled guilty, the vast majority of them during the two years in which Mr. Cavazos, Jr. and his father, Ruben Cavazos, Sr. have been cooperating pursuant to their plea agreements.
“Although the plea agreement was filed under seal, news of the cooperation plea agreements signed by both Cavazos defendants managed to leak out into the biker community, as reflected by the numerous web site postings on the Mongols biker club web site (http://www.mongolsmc.com/) and on a web site entitled, The Aging Rebel (http://www.agingrebel.com/).
“A clear illustration of the public availability of information regarding the under seal guilty pleas is Exhibit 1 hereto, which is a PDF printout of a page from the The Aging Rebel web site dated “Fri, Sep 3, 2010″, which contains a verbatim excerpt of the transcript of the under seal change of plea hearing for Ruben (“Doc”) Cavazos, Sr. There is no doubt that it was known throughout the entire litigation, as well as the entire Mongol biker community early on, that the two Cavazos defendants were cooperating.
“Thus, even without having the benefit at this time of the government’s 5K1.1 motion for a downward departure based on cooperation, it can be reasonably inferred that one of the key factors that induced many co-defendants opted to plead guilty was the decisions by the two Cavazos defendants to cooperate.
“Accordingly, a six-level downward departure for cooperation would properly reflect the value and extent of the cooperation rendered.
“Exhibit 1 hereto also illustrates how closely this prosecution has been monitored and in particular, the actions / decisions by the two Cavazos defendants.
“This animosity has taken on a variety of depictions, including sarcastic ridicule of Mr. Cavazos, Jr. as reflected in Exhibit 2, which is a posting on The Aging Rebel web site that mocks the medical order that counsel for Mr. Cavazos, Jr. obtained from this Court.
“There can be no question that the risk of retaliation is real and is thus worthy of being factored into the court’s overall assessment of the amount of credit that should be awarded for cooperation.
“Taking the foregoing considerations into account, Mr. Cavazos, Jr. respectfully submits that a six-level downward departure under U.S.S.G. 5K1.1 is appropriate, thus bringing the advisory range down to Level 20 / Criminal History I.
“This produces an advisory guideline range of 33 – 41 months.”
Mea culpa. Mea culpa. Mea maxima culpa.