The various activities included a number of incidents of transportation of illegal drugs and homicide. BATTAGLIA, United States Magistrate Judge. Lee tambin "Narcos Mxico 3": Bad Bunny ser un narcojunior del Cartel de Tijuana. The scope of this proceeding is narrow and is limited to the existence of probable cause and the evidence, received by virtue of the Treaty provisions and applicable law. 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. [22] The individuals related to this case are often referred to in the evidence by nicknames. Date published: Mar 20, 2013. The Federal Rules of Evidence and of Criminal Procedure do not apply to an extradition hearing. This is in contrast to the September 27, 1996 arrest date noted in the statement to the federal prosecutor. En 1995, su reinado lleg a su fin. [41] All of these individuals are described as "prisoners" in the statement. These individuals left his home the following day for Mexico City in a light grey Spirit automobile. 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. 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 . These questions cannot be answered within the narrow confines of an extradition proceeding and would be most properly addressed by the Secretary of State and/or the Court in Mexico on a trial on the merits. Narcos 3: quines son en la vida real los "narcojuniors - infobae one strange rock gasp quizlet New Lab; glider timetable dundonald park and ride; 12 gauge 100 round drum; 2d 455 (1972). Neely v. Henkel,180 U.S. 109, 21 S. Ct. 302, 45 L. Ed. Finally, Respondent filed FINDINGS OF MEXICAN LAW EXPERT RODOLFO GASTELUM PEREZ RE: ABSENCE OF PROBABLE CAUSE; SYNOPSIS; AND CURRICULUM VITAE which asserted procedural, substantive and constitutional infirmities under Mexican law in the extradition request and in the arrest warrant. 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. Narcos Mxico: who were the narcojuniors in real life - El Comercio Los narcojuniors estudiaban en colegios particulares y pertenecan a familias acomodadas. See footnote 10. Matter of Extradition of Koskotas, 127 F.R.D. Garcia-Guillern v. United States, 450 F.2d 1189, 1192 (5th Cir. But the deal fell apart when the other inmate couldn't pay the promised . In that statement, Cruz was noted to have suffered multiple burns which were attributed to an incident several days before when he was inspecting the exhaust pipe of a vehicle. Citations Copy Citation. The certified documents submitted by Mexico, including the statements of Cruz, Miranda, Soto, Vasquez and Alejandro are admitted into evidence in accordance with Article 10(6) of the subject Treaty and 18 U.S.C. Cartel Suspect Admits Plotting Cocaine Deal - Los Angeles Times 96mg 1828(AJB). 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. Estudiaban en colegios particulares, eran de familias acomodadas y los deslumbr el estilo de vida del "Mon", uno de los lderes del crtel de Tijuana. The signs of injury included 16 irregularly circular scars, 17 circular scars and 3 small scars on the chest as well as a hematoma to the upper base of the nose and a circular bruise on the right chin. The charge related to the 1994 event has been abandoned. 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. These statements are also corroborated in significant part by Alejandro's declaration. The Court is sensitive to the practical and legal limitations on Respondent's ability to challenge the evidence in the extradition proceeding. 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. Oen Yin-Choy v. Robinson, 858 F.2d 1400, 1407 (9th Cir.1988). Emilio Ricardo Valdez Mainero Exp: 526/2019 - PoderJudicialVirtual.com 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. Tras 20 aos en prisn "El Lobo" Hodoyn del Crtel Arellano Flix Appellant then filed a writ of habeas corpus with the district court. [30] Respondent's Exhibits H, I and J, respectively, docket No. emilio valdez mainero - reyasroom.com (7) Evidence which, in accordance with the laws of the requested party, would justify the apprehension and commitment for the trial of the person sought if the offense had been committed there, (i.e., probable cause). He also stated that it was Valdez who assigned him the code name "F7". In the instant case, Mexico has submitted, inter alia, sworn declarations of percipient witnesses and accomplices to the crimes alleged against Valdez. Discovery is not available in extradition proceedings. Quines son los narcojuniors de Narcos Mxico en la vida real 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. [17] Article 9(1) provides in pertinent part, "the executive authority of the requested party shall have the power to deliver them up if, in its discretion, it is deemed proper to do so". Valdez told Contreras, "Wait for me here and when you see us leave the parking lot in the white Volkswagen, make a wall so that we won't be followed". Conoce a Kitty Paez, el narcojunior al que dio vida Bad Bunny este 2021 Attorney Gastelum's opinions are contradictory, at best, and excludable on that basis. Peryea v. United States,782 F. Supp. 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. Miranda declared that Valdez and Martinez committed the murder of Gallardo. 20, 2013) From Casetext: Smarter Legal Research. De recuperar la libertad, en Mxico le esperan una sentencia de 22 aos de crcel por narcotrfico . 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. There is no authority that exists that requires a magistrate judge to authorize compelled disclosures of explanatory information. In Emami v. United States, 834 F.2d 1444 (9th Cir.1987), Emami contended that Germany had presented no competent evidence upon which the district court could make a finding of extraditability because Germany relied on facts which prosecutor Keller related in his affidavit which consisted solely of inadmissible hearsay statements made by Emami's former patients and employees. As a result, the accomplice argument does not negate reliability in this instance, nor does it defeat admissibility. Finally, the Respondent is accused by Mexico of criminal association (conspiracy) in violation of Mexican law. Under Article 10(7) of the Treaty, the probable cause determination is to be made in accordance with the laws of requested party (here, the United States). Collins v. Loisel,259 U.S. 309, 317, 42 S. Ct. 469, 66 L. Ed. *1226 In the final analysis, the Ruiz declaration is inadmissible given the lack of authenticity, certification or reliability and does little to support the recantations of Soto and Cruz. [41] The statement of Francisco Cabrera Castro, aka "Piedras" is offered in the Extradition of Alejandro Hodoyan Palacios, 96mg1828 AJB. There is no corroborating evidence regarding the source, however. Quinn v. Robinson, 783 F.2d 776, 789, 790 (9th Cir.1986). United States v. Valdez-Mainero | CASE NO. 97cr1798 JM - Casemine [6] See ORDER DENYING RESPONDENT'S MOTION TO REOPEN EVIDENCE AND DIRECTING THE UNITED STATES TO FILE ADDITIONAL EVIDENCE filed September 11, 1997 (Docket No. United States v. Manzi, 888 F.2d 204, 206 (1st Cir. On October 22, 1997, the Court issued an Order directing the United States Attorney to produce photographic evidence referenced in witness statements and related to the issue of the identity of Respondent. [46] Respondent's repeated request to confront and cross-examine Mexico's witnesses under Fed.R.Crim.P. Fue en una fiesta que conocieron a Emilio Valdez Mainero, hijo de un coronel que fue miebro de los guardias presidenciales. Connect with the definitive source for global and local news. 000012 dated January 3, *1213 1997. B. Gustavo Miranda Santacruz On November 19, 1996, Gustavo Miranda Santacruz (hereinafter "Miranda") made a declaration before Assistant United States Attorney, Gonzalo P. Curiel, acting as Mexico's agent pursuant to a request under the mutual Legal Assistance Treaty that exists between Mexico and the United States. Fue en una fiesta que conocieron a Emilio Valdez Mainero, hijo de un coronel que fue miebro de los guardias presidenciales. Mexican Tale: Drugs, Crime, Torture and the U.S. Fernandez v. Phillips,268 U.S. 311, 45 S. Ct. 541, 69 L. Ed. 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. 1101(d) (3); and Fed. Under *1216 United States law, the standard of probable cause is whether there is any evidence warranting the finding that there was reasonable ground to believe the accused guilty. There is no indication of any coercion or duress, and in fact, Miranda is given "use immunity" with regard to the statement. The physical description of Emilio Valdez Mainero, "El C.P." or "Cabeza de Perro," is the following: 30 years old, 1.77 or 1.76 meters, heavy build, white skin, short straight hair which . [8] Additional written argument was entertained from counsel and submissions in this regard were completed on October 14, 1997. These declarations bear even greater indicia of competency than the police reports accepted as competent evidence in Zanazanian. Respondent's discovery request in this regard is denied. [26] In Respondent's REPLY TO GOVERNMENT'S RESPONSE RE: EXTRADITION AND REQUEST FOR DISCOVERY (Docket No. denied, 364 U.S. 851, 81 S. Ct. 97, 5 L. Ed. 3188 for a similar proposition. Valdez "hires young assassins who belong to Tijuana's upper class," according to the statement by Francisco Molina Ruiz, commissioner of Mexico's National Institute for the Combat of . In the Matter of Extradition of Contreras,800 F. Supp. 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. Mexico's evidence does support a finding of probable cause with regard to the criminal association charge. [16] Further, it is not the responsibility of this Court to assess the probability that the requesting party will be able to secure a conviction. Family and friends will gather for his funeral services at 10:00 am on Saturday, September 7, 2019 at Lake Ridge 611 (S.D.N.Y.1985). Lastly, there is no authority that requires a magistrate judge to compel disclosure of explanatory information. According to testimony given to Mexican authorities, the Arellanos _ led by brothers Benjamin, Ramon, Javier and Francisco _ have been able to coordinate major assassinations with the aid of the attorney general of Baja California, Jose Luis Anaya Bautista. The analysis is also unnecessary in light of the Ninth Circuit order of October 2, 1997 ordering an en banc hearing in the case. There, Valdez told the group, "`The Baby' paid me off. There is no evidence, however, in this regard. MEMORANDUM DECISION DENYING BAIL PENDING EXTRADITION PROCEEDINGS. In Bruton, the Supreme Court held that the admission of a co-defendant confession at a joint trial violates the defendants right to confrontation if the confession also incriminates the defendant. 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. [37] Respondent criticizes Mexico for not filing this set of documents. The admissibility of Miranda's statement, as taken by Assistant United States Attorney Curiel, was previously discussed. These statements do not add a great deal to Mexico's case regarding this Respondent. R.Crim.P. United States v. Valdez-Mainero. En esta temporada podemos ver lo que pasa despus de la cada de Miguel ngel Flix Gallardo, interpretado por Diego Luna. [3] See Memorandum Decision Denying Bail Pending Extradition Proceedings filed 10/21/96 (Docket No. E. Alejandro Enrique Hodoyan Palacios On November 30, 1996, Alejandro Enrique Hodoyan Palacios (hereinafter "Alejandro") gave a deposition at the office of the Attorney General of the United States of Mexico. The videotaped deposition of Alejandro is the only credible evidence to demonstrate the circumstances under which Mexico's evidence was collected. Finally, the United States submits evidence in the form of statements attributed to Respondent related to the disappearance and murder of Alejandro by the AFO and the organizations efforts to effect a recantation of Alejandro's November 30, 1996 deposition. The indicia of reliability is in favor of the formal statements given to the Mexican authorities by Soto and Cruz and not their in court "recantations." The statement by Cruz to the federal prosecutor did indicate that Cruz had suffered recent physical injury. 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"). [30] These statements challenge the "motive" for the Gallardo murder as stated by Cruz and Miranda. Respondent was identified in statements of alleged co-conspirators Fausto Soto Miller, aka "Joel Fierro," "El Chef" or "El Cocinero" (hereinafter "Soto");[22] Cruz; Gilberto Vasquez Culebro, aka "El Gorras" or "El Cachuchas" (hereinafter "Vasquez"); as well as witnesses, Alejandro Enrique Hodoyan Palacios, (hereinafter "Alejandro"); and, Gustavo Miranda Santacruz, (hereinafter "Miranda") with involvement in a host of criminal activities on behalf of the Arellano Felix organization and in particular with the shooting of Gallardo and Sanchez. 40). The extradition request and supporting documents are admitted into evidence during the hearing and the post hearing submissions are properly authenticated or otherwise admissible within the discretion of the Court. Mexico also cites the medical examination of Soto following the September 27, 1996 statements concluding that there were no traces of any recent physical wounds. [21] This evidence is certified by the principle diplomatic or counsular officer of the United States in Mexico and is received into evidence pursuant Article 10(6) of the Treaty and 18 U.S.C. There is no credible evidence supporting the authenticity of this summary of testimony in the closed investigation in Mexico. The right of confrontation,[46] specifically, has been held inapplicable, as have the Federal Rules of Criminal Procedure, and the Federal Rules of Evidence. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. As set forth in Footnote 26, the rights normally available in a criminal trial are not available in this proceeding. Netflix lanz la ltima temporada de Narcos: Mxico, donde adems de los personajes que ya conocemos, hay UNA sorpresa: Bad Bunny. NARCOTRAFICO: DETENCIONES DE 1RA GENERACION DEL CAF - Blogger (2) Gustavo Miranda Santacruz. El cantante interpreta a Arturo "Kitty" Paez, un sanguinario pero muy snob criminal . Mexico also takes the position that the statement is inaccurate and not properly certified or executed. When arrested, Gallardo said that the marijuana belonged to Benjamin Arellano Felix, which caused the issuance of an arrest warrant for Benjamin Arellano Felix. [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. Valdez moved the Court for release under the special circumstances doctrine. La pequea y poco conocida . But federal prosecutors said that the information is valuable for this case and others, and that the mens credibility is proved by the way their stories fit together. In the Matter of the EXTRADITION OF Emilio Valdez MAINERO. In the absence of legal authority to support the court's ability to find the treaty invalid for changed circumstances or that the purpose and intent of the parties in this instance is materially different, Respondent's position in this regard is rejected. Alejandro, who is the brother of extraditee Alfredo Miguel hodoyan Palacios aka "Lobo",[28] stated that his brother told him that Valdez and Martinez had participated in the murder of Gallardo at the Holiday Inn Hotel in Toluca. Hodoyan was taken into custody for carrying an AK-47 and some marijuana. Tijuana drug cartel may have targeted Gonzalo Curiel The statement is a summary of what Alejandro described to his family and includes information related to meeting General Gutierrez Rebollo as well as contact with DEA and FBI agents who pressured him to sign a confession in exchange for removal from Mexico and protection thereafter. For the reasons set forth in footnote 32 an extended analysis of the recantation is not set forth, nor is the recantation viewed any differently than those of Cruz and Soto. emilio valdez mainero. Article 11, Paragraph 3, provides that the provisional arrest "shall be terminated" if the United States does not receive the formal request for extradition and the necessary documents specified in Article 10 within 60 days after the detainee's apprehension. The record is overwhelming with eyewitness testimony,[20] autopsies and physical evidence from the scene to establish these facts. Miranda details numerous other criminal activities in which Valdez and others in the AFO were involved, including the assassination of Larios Guzman, the July 1994 assassination of multiple military officers, the kidnaping and murder of a person with the last name Margain, and the kidnaping of a man with the last name Baloyan. Soto is also asked of his desire to make a statement concerning the facts attributed to him in his statement. There is nothing to confirm, corroborate or verify that the facts in the statement are in fact the testimony of Sergeant Ruiz, and based upon personal knowledge. Cal. 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. The contours of the extradition proceeding were shaped by the Treaty and statute. 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. Respondent also argues that Alejandro was abducted in the Spring of 1997 by representatives of Mexico which corroborates Mexico's alleged use of inappropriate force and means to secure evidence in this case. The precedent of the long line of cases discussed above, supports the proposition that the consideration of a "humanitarian exception" should be left to the Department of State where it rightly belongs. Extradition case of Mexican men reveals details of vicious drug gang ("Miranda") In his November 19, 1996 declaration, Miranda states that he knows the Arellano Felix brothers. In the final analysis, this Court is required to look at the indicia of reliability with regard to the persuasiveness of this evidence. Background. Mexico also argued that the document was not certified as required by the treaty and would be presumptively inadmissable. Matter of Extradition of Mainero, 990 F. Supp. 1208 - CourtListener This element was not challenged by the Respondent. By Molly Moore. I Background Matter of Extradition of Mainero, No. 96MG1798 (AJB). La historia detrs del ingreso de Bad Bunny a "Narcos: Mxico" - Mag. EMILIO VALDEZ MAINERO (hereinafter "Valdez" or "Respondent") 1 is accused by Mexico of having been involved with or committing various crimes in violation of . The "recantations" from Cruz and Soto are in the form of testimony before a judge of the First District of Federal Criminal Proceedings in the State of Mexico.
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