United States v. Valdez-Mainero - casetext.com Mxico, DF - Era el nico de los altos mandos de los Arellano Flix a quien . Under 18 U.S.C. An analysis of whether this Court should enact a humanitarian exception into foreign extradition begins with a recognition of the rule of non-inquiry. Recanting statements are relevant as they affect probable cause, but a showing that the prior statement is coerced and that indicia of reliability is on a subsequent recantation is the appropriate point of analysis on this issue. In Gallina, commissioner found the appellant subject to the extradition in Italy. Probable cause exists to believe that the Respondent committed the offenses of homicide and criminal conspiracy as charged against him in Mexico. These latter efforts resulted in the formulation of the March 3, 1997 "declaration.". 33. The matter proceeded to an extradition hearing on June 30, 1997 before the Honorable Anthony J. Battaglia, United States Magistrate Judge. While Ruiz provides no direct account of any torture, this information supports a finding that Alejandro was "in custody"[43] along with others and supports an argument that extended detention was involved in the handling of the witnesses by Mexico. The statements of three admitted members of the organization are contained in extradition papers for Emilio Valdez Mainero, an alleged Arellano henchman arrested in the United States.
Tijuana Cartel Escalates Violence Along Border [48] Authority for this proposition is gathered from dicta in some case law in that there is no direct authority for this proposition. BATTAGLIA, United States Magistrate Judge. [32] Respondent also argues that the statements of Francisco Cabrera Castro and Edgar Alejandro Gonzalez Gonzalez offered by Mexico were also "extracted" by torture. 24). Magistrate No. Everardo Pez, also known as "El Kitty", was not a person of money, but under the tutelage of Ramn Arellano Flix, he dedicated himself, together with the narco juniors, to cross drugs into the United States without raising suspicions due to his economic status. As earlier stated, the circumstances of Alejandro's testimony are not suggestive of torture, coercion or duress. In Escobedo v. United States, 623 F.2d 1098, 1107 (5th Cir. Mexican officials wanted Valdez, 32, for allegedly gunning down an aspiring boxer over a personal grudge in 1996 at a Holiday Inn in the state of Mexico. At approximately 9:00 p.m., the two cars arrived at the Holiday Inn, Toluca, Valdez and Martinez got out of the car. These statements do not add a great deal to Mexico's case regarding this Respondent. Another Mexican, questioned by prosecutors while in the intensive care unit of a San Diego hospital, said the hit on the 50-year-old Ibarra was planned carefully by Arellano organization members. In Quinn v. Robinson, 783 F.2d 776, 815 (9th Cir.1986), the Ninth Circuit reaffirmed that hearsay evidence that would be inadmissible for other purposes is admissible in extradition hearings. Each "recantation" is essentially a denial of the former statement(s) in their entirety and an allegation of torture and abuse at the hands of the Mexican authorities. In re Sindona,450 F. Supp. While 3188 requires the United States to deliver a person committed for extradition to a foreign government within two months, that provision has no application to the proceedings in this case, at this stage, as commitment does not occur prior to the certification of the Respondent's extraditability by the Court. While the motion was denied, the Court did find good cause to order the production of further evidence described by the United States in its responsive papers as becoming available since the June 30, 1997 extradition hearing. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. Finally, he contests the date of arrest. The respondent offers a handwritten declaration of Alejandro, dated March 3, 1997, to document his being detained, interrogated and tortured. [18] In the original request, Mexico sought extradition on the firearm offense related to events and circumstances alleged to have occurred on April 13, 1994. Cruz declared that in April 1996, he received a message from Martinez instructing him to meet at the Glorieta del Angel at 6:00 p.m. At that location, Cruz met with Valdez, Martinez and Contreras. Cruz also said he transported weapons used in Ibarras slaying. The Court is not limited in its receipt of this evidence by virtue of the lack of certification. Respondent also offers, as evidence to defeat probable cause, recantations by Cruz and Soto relative to the earlier statements[36]. The contours do not lend themselves, nor invite the type of inquiry required to evaluate the humanitarian concerns of the magnitude suggested by Respondent. En septiembre de 2002, el Juzgado Cuarto de Procesos Penales Federales en el Estado de Mxico (antes Juzgado Primero de Distrito . In the Matter of Extradition of Contreras,800 F. Supp. 33) which is similarly denied for the reasons stated.
"Lobo" Hodoyn obtiene libertad - Semanario ZETA The interviews of Alejandro in the United States confirm the uncoerced willingness of Alejandro to provide testimony concerning the criminal activities of the AFO and Respondent's role therein. Defendant Emilio Valdez-Mainero, represented by the Federal Defenders of San Diego, Inc., seeks a 73 month reduction in his sentence on the basis of Amendment 782 to the Sentencing Guidelines which revised the Drug Quantity Table in U.S.S.G. The credible evidence, satisfies Mexico's burden in this respect[44]. 3184, Ward v. Rutherford, 921 F.2d 286, 289 (D.C.Cir.1990) and Rule 74 of the Local Civil Rules of the United States District Court of the Southern District of California. (5) There is probable cause that a crime or crimes were committed and that the Respondent participated in or committed them. one strange rock gasp quizlet New Lab; glider timetable dundonald park and ride; 12 gauge 100 round drum; Id. United States v. Valdez-Mainero.
1992); Fed.R.Evid. The 33-year-old Mexican . SAN DIEGO (AP) _ Ernesto Ibarra Santes, the federal police commander in Tijuana, Mexico, fearlessly vowed to topple a vicious drug organization that controls the busiest cocaine corridor into the United States. There is no corroborating evidence regarding the source, however.
Matter of Extradition of Mainero, 950 F. Supp. 290 (S.D. Cal. 1996) The two perpetrators escaped in a white Volkswagen. I Background. The Federal Rules of Evidence and of Criminal Procedure do not apply to an extradition hearing. Mexico contests the reliability of these recantations asserting that they are self serving, lacking in reliability and inadmissable as contradictory evidence. The . Finally, the Respondent is accused by Mexico of criminal association (conspiracy) in violation of Mexican law. Terlinden v. Ames,184 U.S. 270, 22 S. Ct. 484, 46 L. Ed. [37] These statements were taken in open Court, at the time that Cruz and Soto were arraigned on charges filed against them by the Republic of Mexico and based upon the statements given to the public prosecutor. MEMORANDUM DECISION DENYING BAIL PENDING EXTRADITION PROCEEDINGS. Under United States law, (i.e., California Penal Code 187-199) murder is unlawful and similarly defined. If the drafters of the Treaty had intended the judicial officer to consider the admissibility and weight of the evidence under the law of the requesting party (i.e. On September 30, 1996, the United States Attorney's Office for the Southern District of California, acting on behalf of the Republic of Mexico, presented to the Honorable Anthony Battaglia, United States Magistrate Judge, a complaint and a formal extradition request for Emilio Valdez Mainero (hereinafter "Valdez" or "Extraditee"). Appellant asked the Court of Appeals to stop his extradition because he had been convicted in absentia in Italy and, therefore, would be imprisoned without trial, be unable to confront his accusers and would not be able to conduct a defense. Quines eran los narcojuniors reales de Tijuana? In the Matter of Extradition of Contreras,800 F. Supp. Jhirad v. Ferrandina, 536 F.2d 478 (2d Cir.1976). In Zanazanian, the Ninth Circuit held that police reports which summarize the statements of witnesses are competent evidence, *1227 even though the same documents would be inadmissible hearsay in other contexts. 1978). 1101(d) (3); and Fed. In the statement to the judge, with the assistance of counsel, Cruz was asked by the Court if he desired to make a statement concerning the facts that are attributed to him in the subject statement. En esta temporada podemos ver lo que pasa despus de la cada de Miguel ngel Flix Gallardo, interpretado por Diego Luna. *1215 The sufficiency of the evidence (i.e., probable cause) will be discussed hereinafter. The court has jurisdiction over the Respondents if they are before the court. narcoseries Netflix. EMILIO VALDEZ-MAINERO (1) Court: UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA. Peter Lupsha, an expert on drug trafficking and former professor at University of New Mexico, said this case suggests that a corrupt Mexican government thwarted previous drug investigations. 1 Since there is no right of appeal from extradition orders, Valdez and Hodoyan filed petitions for writs of habeas corpus in . Fernandez v. Phillips,268 U.S. 311, 45 S. Ct. 541, 69 L. Ed. 970 (1925); the probable cause is sustained if competent evidence to establish reasonable grounds is presented, not necessarily evidence competent to convict. There is no evidence to suggest that the United States no longer honors the treaty or that its purpose and intent are no longer served. Mexican law defines murder (or homicide) as taking the life of another (Article 302).
Matter of Extradition of Mainero, 990 F. Supp. 1208 (S.D. Cal. 1997) Where a prior statement is shown to be coerced and the indicia of reliability is on the recantation, then the subsequent statement negating the existence of probable cause is germane in an extradition proceeding. LOS NARCOJUNIORS. October 21, 1996. 1280 (D.Mass.1997) but reversed on appeal. The record is overwhelming with eyewitness testimony,[20] autopsies and physical evidence from the scene to establish these facts. The date of production for the photographic evidence was set for November 5, 1997[9] and later extended with properly authenticated and certified originals being filed on December 1, 1997. 253 (1910); Rice v. Ames,180 U.S. 371, 21 S. Ct. 406, 45 L. Ed. 23.
emilio valdez mainero - reyasroom.com R.Crim.P. at 77, 78. 1980), the court refused to decide whether the accused might be tortured or killed if surrendered to the requesting nation because this argument raised an "issue that properly falls within the exclusive purview of the executive branch" Id. Esta clula del crtel de Tijuana volvi a la luz por la nueva temporada de la serie de Netflix
EMILIO VALDEZ MAINERO | DataJuridica.com Mr. Soto also provides a physical description of Respondent. The videotaped deposition of Alejandro is the only credible evidence to demonstrate the circumstances under which Mexico's evidence was collected. Valdez was ordered detained following arraignment. La pequea y poco conocida . Date published: Mar 20, 2013.
Kitty Pez, el narcojunior real que interpreta Bad Bunny en "Narcos The purported March 3, 1997 declaration of Alejandro is false and its manner of production and presentation erode any potential reliability. Entre los jvenes reclutados por el narcotrfico mexicano se encentraban Emilio Valdez Mainero, hijo de un guardia presidencial, Alfredo Hodoyan Palacios, Eduardo Len, los hermanos Endir y Henain Meza Castaos, Gustavo Miranda Santa Cruz y Fabin Martnez. The Ruiz statement presents conflict with regard to dates of the arrest of some of Mexico's witnesses and is asserted to corroborate the use of torture in this case as well as create conflicts in Mexico's evidence in challenging the reliability of the evidence Mexico relies upon in this proceeding. Demandado: Emilio Ricardo Valdez Mainero. ``Wear black clothes, the man, Gustavo Miranda Santacruz, said he was told by his superior. 1989), cert.
Kitty Pez, el narco real que interpreta Bad Bunny en 'Narcos Mxico Defense counsel was provided for Mr. Cruz Vasquez identifies himself as a member of the AFO and states that in March, 1996, he had several visitors to his home, including Respondent Valdez, Martinez, and co-extraditee Alfredo Hodoyan Palacios. In September of 2002, a Judge of the Federal Penal Processes in Mexico State found El Lobo, La Piedra and El Capitan guilty, and sentenced them all to . California. Arnbjornsdottir-Mendler v. United States, 721 F.2d 679, 683 (9th Cir. Appellant appealed the habeas corpus denial to the Second Circuit. 526/2019. Miranda also stated that in 1992, Valdez was in charge of cocaine trafficking, and that later, Valdez trafficked in 200 to 400 kilogram shipments of marijuana for the AFO. Aparte de Kitty 'Pez', los que formaron el grupo de los "Narcojuniors" fueron Emilio Valdz Mainero, hijo de un guardia presidencial; Alfredo Hodoyan Palacios, hijo de un importante empresario . The Court is sensitive to the practical and legal limitations on Respondent's ability to challenge the evidence in the extradition proceeding. Sign up for our free summaries and get the latest delivered directly to you. These offenses are extraditable offenses under the extradition treaty between Mexico and the United States. This document is submitted to be from the files in the prosecution of General Gutierrez Rebollo, by the Republic of Mexico, in Mexico.
Cartel Suspect Admits Plotting Cocaine Deal - Los Angeles Times Respondent's objections to this evidence and his explanatory evidence have already been addressed, and rejected.
029n1est - La Jornada Soto contends that he was arrested on September 12, 1996 and held in custody for some weeks. Fue en una de las celebraciones que conocieron a Emilio Valdez Mainero, el hijo de un coronel que en su momento fue miembro de los guardias presidenciales.Ms tarde contactaron . The court, for reasons explained below, grants the petition, finding the detainee extraditable. Cal. Article 3 of the Treaty says, in part: In this case, that means as defined in federal law. Mexico more correctly characterizes the Ruiz statement as a summary of statements by Seargent Ruiz. In fact, they are of relatively little evidentiary value herein and as such, an extended analysis is unnecessary. 448 (1901); Simmons v. Braun, 627 F.2d 635 (2d Cir.1980); Charlton v. Kelly,229 U.S. 447, 461, 33 S. Ct. 945, 57 L. Ed.
Seduction of a Generation - Los Angeles Times Conspiracy to commit a crime is an extraditable offense under Article 2(4) (a) of the Treaty. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. Equihua had been close to a witness in the drug-related cases of Alfredo Hodoyan and Emilio Valdez Mainero, which were due to be heard in San Diego courts. The murder and conspiracy offenses, above described, survive the Respondent's challenge. Por Investigaciones ZETA. Cruz testified based upon his personal acquaintance with the individuals named in the statement, and his participation in various events and circumstances, as well as conversations, with the individuals involved. 96-1798-M. United States District Court, S.D. Respondent's roles and activities in these regards is specifically referenced. 12). In the supplemental request for extradition filed in January, 1997, the facts supporting the firearms offense were related to the first degree murder of Mr. Gallardo and Mr. Sanchez alleged to have occurred on or about April 9, 1996. After the statements of September 27, 1996, a medical doctor examined Soto and found no traces of any recent physical wounds. [8] Additional written argument was entertained from counsel and submissions in this regard were completed on October 14, 1997. The court, for reasons explained below, grants the petition, finding the detainee extraditable. The Courts have chosen to defer questions regarding the procedures or treatment that might await an individual on extradition to the executive branch because of its exclusive power to conduct foreign affairs. No charges have been filed against Anaya, and he denies the allegations. [38] These are the same statements offered in this matter to support the request for extradition. The United States has filed videotapes of Alejandro's November 30, 1996 deposition. Barrett v. United States, 590 F.2d 624 (6th Cir. Gerardo Cruz Pacheco, a former presidential security guard, told Mexican officials he helped the gunmen escape after the Holiday Inn murder by forming a wall of cars as they drove off. *1229 The testimony of the various witnesses, including Miranda and Alejandro provide competent evidence for an assessment of probable cause to believe that the crime of criminal association (conspiracy) has been committed and that Respondent is involved therein. Cruising the freeway between San Diego and Tijuana, Mexico, like any suburban commuter, Emilio Valdez Mainero seemed an unlikely assassin. (5) The facts and the personal information of the person sought which will permit his identification and, where possible, information concerning his location; (6) A certified copy of the warrant of arrest issued by the judge or judicial officer [in Mexico]; and. He ended up in the hospital with gunshot wounds he said were inflicted by a member of the Arellano organization. En una de las fiestas conocieron a Emilio Valdez Mainero, quien era hijo de un coronel que fue miembro de los guardias presidenciales, cuando existan. 937 (D.Vt.1991); Jhirad v. Ferrandina, 536 F.2d 478 (2d Cir.1976). Bingham v. Bradley,241 U.S. 511, 517, 36 S. Ct. 634, 60 L. Ed. Emilio Valdez Mainero and Alfredo Hodoyan were linked to the Arellano Felix drug organization, which controls the lucrative drug corridor from Baja California into the United States. De recuperar la libertad, en Mxico le esperan una sentencia de 22 aos de crcel por narcotrfico .
Matter of Extradition of Mainero, No. 96MG1798 (AJB). Los narcos asesinan, se ren y despus se van a cenar California. Alejandro's statements are based upon his personal knowledge due to his admitted involvement in the AFO and their activities.
Officials Link Ensenada Massacre to Drug Feud - Los Angeles Times [46] Respondent's repeated request to confront and cross-examine Mexico's witnesses under Fed.R.Crim.P. October 21, 1996. The long list of challenges to the probable cause finding in Mexico and the other alleged infirmities are not fully set forth herein as the Court finds the opinions of Attorney Gastelum are irrelevant to these proceedings. In this regard, statements characterized as "recantations" were offered by Cruz, Soto and Hodoyan. The indicia of reliability is clearly on the November 30, 1996 deposition offered in Mexico's case in chief.
Narcos Mxico: who were the narcojuniors in real life - El Comercio 2D1.1 and reduced by two levels the offense level applicable to many drug trafficking offenses. Whitepages people search is the most trusted directory. 1136 (1916); McNamara v. Henkel,226 U.S. 520, 33 S. Ct. 146, 57 L. Ed. 0. 834 F.2d 1444, 1453. Specifically, Respondent asserts that evidence included in the second extradition packet should not be received or considered by the Court. The Supplemental Complaint charged Respondent with criminal association under Article 164, paragraph 1 and Article 13, section 2 of the Penal Code for the Federal District.
El Cocinero confesses about FBI Top Ten Most Wanted's Arellano Felix United States District Court, S.D. No case authority is offered in this regard. The extradition proceeding is not a criminal trial nor is Respondent entitled to the rights available in a criminal trial at common law. Quines son los narcojuniors en los que est basada la historia . El cantante interpreta a Arturo "Kitty" Paez, un sanguinario pero muy snob criminal . Emilio Valdez Mainero (Valdez) and Alfredo Hodoyan Palacios (Hodoyan) were certified as extraditable to Mexico on charges of murder and criminal association with the Arellano Felix drug trafficking organization (AFO). Bingham v. Bradley,241 U.S. 511, 36 S. Ct. 634, 60 L. Ed. Soto's testimony is based upon his acquaintance with the individuals referenced in the statement, and his role as a cook residing at various times with these individuals. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. Respondent asserts that the Treaty in this instance is invalid due to changed circumstances. 448 (1901). [10] The firearms charge initially asserted by Mexico and related to the events on or about April 13, 1994 appears to have been abandoned. In the Matter of the EXTRADITION OF Emilio Valdez MAINERO. Cruz admitted his own involvement in the criminal activities of Valdez and the AFO and admitted that he was paid to assist them in killing the enemies of Ramon Arellano-Felix. Thus, it has been held appropriate to permit evidence that tends to obliterate probable cause but not evidence which merely contradicts the same. In the Matter of the EXTRADITION OF Emilio Valdez MAINERO. After receipt of the diplomatic note, Respondent was then held under the formal request for extradition and not the provisional arrest which had initiated the case.
Tras 20 aos en prisn "El Lobo" Hodoyn del Crtel Arellano Flix These statements are also corroborated in significant part by Alejandro's declaration. 1462, 1469 (S.D.Tex.1992). (2) Criminal Association between 1994 and September 14, 1996 in violation of Article 164, Paragraph 1 in accordance with Article 13, Section II, of the Penal Code for the Federal District;[11] and. The contours of the extradition proceeding were shaped by the Treaty and statute. Specifically, Respondent sought "all witness statements submitted in General Gutierrez Rebollo's case to determine whether or not there is additional relevant testimony." emilio valdez mainero. [47] Alejandro's testimony also implicates his brother concerning the involvement with the AFO, which relates to the pending extradition of Alfredo Hodoyan-Palacios, 96mg1828(AJB). 20, 2013) From Casetext: Smarter Legal Research. They are: (1) The Statement of October 12, 1996 at 1:00 a.m. in Mexico City; and. 96-1828 M, in The Matter of the Extradition of Alejandro Hodoyan Palacios, Docket No.
Narcos 3: who are the "narco juniors" of the new season in real life There is no evidence, however, in this regard. California. EMILIO VALDEZ MAINERO (hereinafter "Valdez" or "Respondent")[1] is accused by Mexico of having been involved with or committing various crimes in violation of Mexican laws. (2) Gustavo Miranda Santacruz. C. Fausto Soto Miller, aka "Chef" In his September 27, 1996[27] declaration before an agent of the Mexican Federal Public Prosecutor, Fausto Soto Miller, "Chef," (hereinafter *1221 "Soto") stated that he was aware of the personal problems between Valdez and Gallardo, arising out of a threat with a firearm against Gabriel Valdez made by Gallardo. [35] This evidence was received under seal in 96mg1828 and as a result, the specifics are not detailed or recited herein.
NARCOTRAFICO: DETENCIONES DE 1RA GENERACION DEL CAF - Blogger 40). When the two cars arrived at the Holiday Inn in Toluca, Valdez got out of the white Volkswagen and told Contreras, "Be, cautious, wait for me here and when you see us going out from the parking lot in the white Volkswagen, you should form a `wall' so that we cannot be followed.".
MATTER OF EXTRADITION OF MAINERO, (S.D.Cal. 1996) 563, 572 *1219 (S.D.N.Y. El Lobo was captured in the United States together with Emilio Valdez Mainero "El Radioloco", they were extradited to Mexico in January of 1998 and also sent to Altiplano at Almoloya de Juarez. Evidence that conflicts with that submitted on behalf of the demanding party is not permitted, nor is impeachment of the credibility of the demanding country's witnesses. Los narcojuniors . The complaint . (3) Fausto Soto Miller. At the time, Emilio Valdez Mainero, a member of the Arellano Flix cartel, said in a bugged conversation with a inmate-turned-informant that he wanted to kill Curiel. Mr. Valdez was referred to as "El Cabezon", "C.P. The Department of States's opinion is entitled to deference. A great number of questions exist, and many questions remain unanswered in this case. 1983). The Court is not required to decide guilt or innocence, but only determines whether there is competent legal evidence to justify holding the accused for trial in the charging country. [37] Respondent criticizes Mexico for not filing this set of documents. You already receive all suggested Justia Opinion Summary Newsletters. The evidence tying Valdez to the murder of Gallardo and Sanchez itself, given the numbers of other individuals involved, supports the criminal association charge. January 1997: Hodin Gutierrez Rico, a . Only the criminal association (conspiracy) and murder charges satisfy the dual criminality requirement for extradition.
"EL Lobo"Hodoyan of the CAF gains his freedom - Borderland Beat Lee tambin "Narcos Mxico 3": Bad Bunny ser un narcojunior del Cartel de Tijuana. The case against the implicated juniors spilled into U.S. courts after the Sept. 30 arrest of Emilio Valdez Mainero, 32, the baby-faced son of a deceased army colonel from Tijuana who, his widow . Respondent's reliance upon Article 11, Paragraph 3, is misplaced. Hodoyan was taken into custody for carrying an AK-47 and some marijuana. 5.1 is denied. Mexico takes issue with the March 3, 1997 declaration, noting that it was not signed by the declarant, nor is part of an official proceeding or under penalty of perjury. A certified copy of the extradition Treaty between the United States of America and Mexico of May 4, 1978 *1217 (TIAS 9656) was submitted by the United States in support of its position that the Treaty is presently in full force and effect. 3184, et seq., the United States issued a provisional arrest warrant for the Respondent, signed by Magistrate Judge Anthony J. Battaglia on September 30, 1996. Collins v. Loisel,259 U.S. 309, 316, 42 S. Ct. 469, 66 L. Ed. ), affirmed as modified, 478 F.2d 894 (2d Cir.1973) the court stated in part: The magistrate judge conducting the extradition proceeding has wide latitude in admitting evidence. They are: (1) Ministerial Statement of September 27, 1996, at 1140 a.m. to Maria Isabel Gonzalez Chavez, an agent of the federal prosecutor, in Guadalajara, Mexico; (2) Additional Ministerial Statement of September 27, 1996, at 6:30 p.m. to Maria Isabel Gonzalez Chavez, an agent of the federal prosecutor, in Guadalajara, Mexico; (3) Additional Statement of September 30, 1996, at 9:00 p.m. to Maria Isabel Gonzalez Chavez, an agent of the federal prosecutor in Mexico City, Mexico; and. This element was not challenged by the Respondent. Hodoyan haba estudiado en una . ``But it only makes the laxity which we see daily _ that should be viewed with greater and greater suspicion.. See Reply to Extraditees Response to Extradition Request and Request for Release, Page 8, lines 1-5, inclusive (Docket No.