How does this sentencing stuff work in Mexico?

Today, I received a letter from Rebecca that tells how her sentence was applied and the ramifications going forward. Read her letter below:

For the blog... "Rebecca Roth... Prisoner in Paradise"... an open letter from Rebecca Roth

In Mexico crimes are separated into two categories…Common and Federal. Common crimes include robbery, rape or murder. One is eligible for consideration of early release with a Common crime after 30% of the crime is served. For example, a murder sentence of 30 years with the 30% rule applied would be reduced to 9 years like this: 30 x .30 = 9.

Now a Federal crime such as drug trafficking or arms possession has a factor applied of 60%. So a sentence of 15 years could have a release date of 9 years or 15 x .60 = 9. There are also benefits for 1st time offenders, which according to the papers in my case have already been applied, thus “lenient” minimum sentences of 5 years (400 bis) and 4 yeas (Art 13). However due to the political climate and the rhetoric regarding organized crime Article 13 carries with a provision that there can be no benefits. In addition, the stacking of the sentences is an irregularity: first the 5 year charge…Operations of resources from illegal sources. With a 5 year minimum Federal sentence, this could be paid with bail. However, since it is stacked (paired) with the unpardonable crime one loses the benefit of paying 60% of the time on that charge also. Meanwhile, people charged with 2,3,4 crimes are paying their time simultaneously.

For example, a 4 year sentence and a 5 year sentence of different charges would be paid (without benefits) in 5 years maximum. So instead of falling into the normal guidelines of parole eligibility at 60% for Federal and 30% for Common, this crime falls outside of the guidelines. Added to that the stacking effect and this minimum sentence of 9 years becomes equivalent of a 15 year sentence (Federal) or a 30 year sentence (Common).

This analysis is based upon the charges and sentences only and is done without regard to the question of innocence or guilt. Now having done this analysis, I can also tell you that the SubDirector of the prison told me that the institution was going to write to Mexico City to find out what benefits could be granted in this case. The Judicial department here at the institution calculated a date two years from now in which I was told that I would be eligible for benefits to be released.

According to my attorney, these dates and promised correspondences are “feel good” lies that will not change the imposition of the 9 year sentence.

So based upon this information, the remaining options are Amparo, and the prisoner transfer program, both time consumers. The Amparo one year or maybe a little less.