The sentencing set for January 26, 2026 could establish an international judicial precedent, strengthening the United States’ strategy against hybrid networks of organized crime and political power in Latin America.
Judge Alvin K. Hellerstein of the Southern District Court of New York approved the request made by federal prosecutors Kaylan Lasky, Kevin Sullivan, and Bradley Nicholas to postpone the sentencing hearing for former Venezuelan intelligence chief Hugo Armando “El Pollo” Carvajal Barrios.
Initially slated for November 19, 2025, the new date has been set for late January 2026, aiming to conduct a multi-day Fatico hearing before issuing the final sentence.
This decision, formalized on November 4, 2025, responds to the extensive list of objections raised by the defense, which challenges nearly the entire Pre-Sentence Report (PSR) prepared by the U.S. Probation Office.
What did the defense object to?
The defendant’s attorney sent a letter to the court rejecting the proposed sentence enhancements, arguing that his client only acknowledged involvement in a conspiracy limited to five kilograms of cocaine, and not the 450 kilograms attributed by the prosecution.
Among the main objections are:
Use of firearms: The defense denies that Carvajal carried or possessed any firearms.
Violence or threats: It disputes the sentence increase for alleged use or threats of violence.
Use of private planes: The defense claims Carvajal did not coordinate flights with cocaine, asserting that it was accomplices who did.
Maintaining venues for drug trafficking: The defense contests the charge of having managed a site for processing or distributing drugs.
Witness intimidation and obstruction: It denies any involvement in evidence tampering or threatening witnesses.
Abuse of public office or criminal leadership: The defense contends that he did not exploit his military role as a “special skill” or leadership within the criminal structure.
In summary, the defense rejects all upward adjustments to the crime level, which could drastically increase the final sentence.
The Government’s Argument: A Large-Scale Conspiracy
On its part, the Southern District Prosecutor’s Office argues that Carvajal was not a minor participant, but a key figure within the Cartel de los Soles, a network comprising high-ranking officials from the Venezuelan Armed Forces that facilitated the shipment of tons of cocaine to the U.S. in collaboration with the FARC.
The government claims that the facts outlined in the PSR—bolstered by evidence and testimonies from cooperatives—demonstrate that Carvajal:
Coordinated air operations involving cocaine shipments.
Maintained facilities dedicated to the storage and distribution of narcotics.
Used his military rank to protect operations and impede investigations.
Engaged in a pattern of sustained criminal behavior as a means of livelihood.
Given the size of the factual disputes, prosecutors have requested a Fatico hearing lasting at least four days, during which testimonies from federal agents, informants, and classified documents will be presented to support the charges.
A Decisive Fatico Hearing
The Fatico hearing—preceding the final sentencing—will be the setting where both parties will discuss the disputed facts before Judge Hellerstein.
Its purpose is to allow the court to accurately determine the components of the criminal conduct before setting the sentence, which could range between 20 years to life.
The defense accepted the delay and does not oppose the extension of the proceedings, aware that this step could define the severity of the sentence or open avenues for future appeals.
The case of Hugo “El Pollo” Carvajal is regarded as one of the most emblematic processes against Venezuelan state drug trafficking.
Its outcome will directly impact investigations targeting the Cartel de los Soles, a network that connects active and retired military members with Colombian cartels and allied structures in Cuba and Nicaragua.