Jose Abello Silva
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Jose Abello Silva (born 1945) was a top ranking member of the notorious Medellín Cartel. He was considered among the major drug traffickers in the Santa Marta region and the reputed chief of Caribbean coast operations on the cartel's behalf. During January 1987, Abello Silva was included in a group of 128 major narcotics figures whose capture was ordered by Colombian President Barco. Although he was captured in Barranquilla during that same month, he was released shortly thereafter, apparently with the help of Miguel Pinedo Barros, a senator in La Guajira and reputed protector of cocaine traffickers.
He was indicted by a federal grand jury in Tulsa, Oklahoma, during 1987 on charges of conspiring to import and distribute cocaine into the United States. The Drug Enforcement Administration said that Abello "was considered a major transporter for the Medellin cartel," responsible for "major shipments of cocaine and marijuana into the states." Abello was the cartel's chief of operations for Colombia's northern coast. Specifically, the DEA estimated that Abello Silva's trafficking ring was responsible for the importation of more than 1,700 pounds of cocaine into the United States.[1]
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[edit] Arrest, Extradition and Sentencing
Abello Silva, was arrested Tuesday, October 11, 1989, while dining at a restaurant in Bogotá. According to the Colombian Administrative Security Department, at the time of his arrest Abello was the seventh-ranking man in the Medellin cartel hierarchy. On October 16, 1989, Abello Silva was transferred the custody of U.S. Marshal's Service agents and was immediately put on a plane to Tulsa, Oklahoma. His extradition brought to five the number of accused drug traffickers sent to the United States since Colombian President Virgilio Barco re-established extradition on August 18, 1989, in response to a string of assassinations attributed to the cocaine cartels.
[edit] Trial
By the time he came to trial during April 1989, the prosecution charged that Abello Silva had undergone plastic surgery to alter his appearance, had arranged numerous killings in Colombia, and had attempted to bribe the Colombian police who arrested him. According to the Federal Government, Abello Silva was guilty as charged and probably guilty of many other crimes. Abello Silva, however, claimed he is innocent, that he is a wealthy cattle rancher, automobile importer, and part-time bullfighter. He also claimed he was the victim of the complementary interests of a jailed Colombian intent on escaping punishment and a Federal prosecutor intent on showing progress in the U.S. fight against drug dealers.[2]
[edit] Sentencing
On May 19, 1990, Federal district Judge Thomas Brett in Tulsa, Oklahoma sentenced Jose Abello Silva to 30 years in prison and fined him $5 million dollars. Abello Silva was convicted on one count of conspiracy to import cocaine and marijuana into the United States and one count of conspiracy to possess drugs with the intent to distribute. In passing the sentence, Judge Thomas Brett said the treaty under which the defendant was extradited from Colombia during Fall 1989 provided a maximum sentence of 30 years.
[edit] Appeal
Abello Silva attempted to appeal the court's decision, but the United States Court of Appeals for the Tenth Circuit concluded that he failed to substantially show the denial of a constitutional right as required by 28 U.S.C. § 2253(c)(2). His conviction became final on October 5, 1992, and he filed this motion on January 26, 1999. Not only was his motion time-barred under the AEDPA but the trial court undoubtedly possessed jurisdiction over his offenses which violated 21 U.S.C. §§ 841, 846, 960(b)(1)(B), (G), and 963. No. 94-1905.[3]
