The extradition of former Costa Rican magistrate Celso Gamboa to the United States moved closer to reality this Wednesday after the Criminal Court of San José rejected his appeal to revoke the extradition order, according to his attorney, Michael Castillo.
Extradition Process Continues
The case now moves to the Sentencing Court of Appeal, based in Goicoechea, for a final decision. But, Castillo warned that Gamboa’s transfer to the U.S. “could materialize at any moment,” despite the appeal process. The court of appeal has three days to reach a decision, but the appeal “has no suspensive effect,” meaning the extradition could proceed before a ruling is made.
Gamboa’s defense raised concerns about guarantees from the U.S. Government regarding potential sentencing. Even as the prosecutor for the Eastern District of Texas has committed to not seeking life imprisonment or sentences exceeding 50 years, Castillo explained that there is no assurance a court will not impose such penalties. He likened the situation to a hypothetical case in Costa Rica where a judge could increase a prosecutor’s recommended sentence.
Defense Arguments Rejected
The Criminal Court of San José deemed the defense’s interpretation of U.S. Sentencing guidelines “very broad” and rejected the argument. Castillo acknowledged We see “very probable” the Court of Appeal will uphold the initial ruling and a decision could come even sooner if the Prosecutor’s Office and OATRI waive the response deadline again, as they did on Wednesday.
With this development, the extradition of both Gamboa and Edwin López Vega, too known as “Pecho de Rata,” could occur in the coming hours.
Frequently Asked Questions
What is the next step in Celso Gamboa’s extradition case?
The case will be reviewed by the Sentencing Court of Appeal in Goicoechea, which has three days to develop a decision, though it could rule sooner if the Prosecutor’s Office and OATRI waive the response time.
Could Celso Gamboa be extradited before the Court of Appeal makes a ruling?
Yes, because the appeal does not have “suspensive effects,” the extradition could be carried out before a decision is reached, at the discretion of the requesting country.
What concerns did Gamboa’s defense raise regarding potential sentencing in the U.S.?
The defense questioned whether the U.S. Government could guarantee that a court would not impose a life sentence or a penalty exceeding 50 years, despite the prosecutor’s commitment not to request such a sentence.
What factors will ultimately determine whether Celso Gamboa is extradited to the United States?
