Mr. Vasquez testified based upon his acquaintance and interaction with Respondent and his involvement in the events he describes. The statements attributed to Respondent Valdez from the wiretape surveillance,[35] result in a finding that Alejandro's March 3, 1997 declaration and personal notes were contrived and are unreliable. [40] U.S.-MEXICO DRUG WAR: Two Systems Collide, New York Times, July 22, 1997. The credible evidence, satisfies Mexico's burden in this respect[44]. mayo 9, 2022.
Narcos Mxico 3: Ellos son los verdaderos "narcojuniors" en los que 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. He stated that Valdez and Martinez used a white colored vehicle and that they used another car for protection. Background. Prior to the June 30, 1997 evidentiary hearing on the extradition requests, there were numerous other filings by the United States and by counsel for the detainee as well as several status hearings. The two perpetrators escaped in a white Volkswagen. 934 (D.Mass.1996). Respondent also cites Title 18 U.S.C. These issues were analyzed under that premise. Treaties, by design, live well beyond the administration involved in their enactment. Miranda also declared that Valdez had told him he and Fabian Reyes Partida, aka "Domingo", (hereinafter Reyes) had assassinated Jesus Romero Magana because he was investigating Valdez' criminal activity. Article 11, itself, cites that urgency to arrest and detain an individual supports this initial procedure. Opinion for Matter of Extradition of Mainero, 950 F. Supp. Magistrate No. 568 (S.D.N.Y.1979). 33.
Officials Link Ensenada Massacre to Drug Feud - Los Angeles Times 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. Get free summaries of new Southern District of California US Federal District Court opinions delivered to your inbox! [28] See, IN THE MATTER OF THE EXTRADITION OF ALFREDO HODOYAN PALACIOS, U.S.D.C. During the meeting, the group discussed their plans to kill enemies of their interests, including Amado Carillo, a rival drug trafficker. That conclusion is based on the following analysis. No case authority is offered on this issue. EMILIO VALDEZ MAINERO (hereinafter "Valdez" or "Respondent") [1] is accused by Mexico of having been involved with or committing various crimes in violation of . En una de esas fiestas fue que conocieron a Emilio Valdez Mainero, quien era hijo de un coronel que fue miembro de los guardias presidenciales, cuando an existan. Si te preguntas quines son en la vida real los llamados narcojuniors de Narcos Mxico, serie de Netflix, se trata de al menos tres de los jvenes de familias acomodadas en Tijuana, Baja California, que se involucraron en temas de drogas y en especial con el Crtel de los Arellano Flix.Entre ellos, El Kitty Arturo Everardo Pez y los hermanos Hodoyan. A Supplemental Complaint was filed and Respondent was arraigned thereon on October 16, 1996.
Emilio Valdez - Phone, Address, Background info | Whitepages De recuperar la libertad, en Mxico le esperan una sentencia de 22 aos de crcel por narcotrfico . The purported recantation of Alejandro has been discarded with the indicia of reliability supporting the initial deposition. 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. 0. 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. Emami v. United States District Court for N. District of California, 834 F.2d 1444, 1453 (9th Cir.1987). In fact, it is the United States, on behalf of the Republic of Mexico, that is the moving party in this proceeding, pursuant to the subject Treaty. 1462, 1469 (S.D.Tex.1992). These statements are also corroborated in significant part by Alejandro's declaration. D. Gilberto Vasquez Culebro, aka "Cachuchas" On September 30, 1996, Gilberto Vasquez Culebro (hereinafter "Vasquez") gave a statement to Jose Luis Juarez Garcia, an agent of the Mexican federal public prosecutor in Mexico City, Mexico. He goes on to state that he signed it because he was subjected to psychological pressure and that it was a "lie". Por Investigaciones ZETA. In the Ruiz statement, it appears that Soto was arrested at least no later than September 15, 1996. [33] As such, it is argued that the statements were not credible, nor should they support extradition in this case. 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.
Cartel Suspect Admits Plotting Cocaine Deal - Los Angeles Times Fernandez v. Phillips,268 U.S. 311, 45 S. Ct. 541, 69 L. Ed. Respondent's request for discovery is denied.
Matter of Extradition of Mainero :: California Southern District Court Columna. Another court has correctly characterized the above sentence from the Second Circuit as "dicta." Quines son los narcojuniors en los que est basada la historia . A few seconds passed and then he saw the white Volkswagen speed out of the parking lot. On June 26, 1997, respondent filed a SUPPLEMENTAL SUBMISSION RE: EXTRADITION AND REQUEST FOR DISCOVERY[34], with an attached declaration of Augustin Hodoyan (Alejandro's brother) with Alejandro's personal notes which were used to create the March 3, 1997 declaration. Valdez and Martinez drove off in the white Volkswagen and Cruz and Contreras followed them in a navy blue Cutlass.[24]. [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. emilio valdez mainero. While obviously nervous as he recounts the AFO's activities, there are no signs of physical abuse or manifestations consistent with psychological pressure or duress. "El Mon" y "El Kitty" se la pasaban en fiestas, en las que Arellano invitaba a los asistentes, en una conocieron a Emilio Valdez Mainero, hijo de un coronel miembro de los guardias presidenciales de aqul entonces. *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. 3184, et seq., in order to extradite the Respondent, the United States, on behalf of the Republic of Mexico, must establish that: (1) The judicial officer is authorized to conduct extradition proceedings; (2) The court has jurisdiction over the respondent; (3) The applicable treaty is in full force and effect; (4) The crimes for which surrender is sought are included within the terms of the treaty; and. Bruton v. United States,391 U.S. 123, 88 S. Ct. 1620, 20 L. Ed. 1101(d) (3); and Fed. denied, 454 U.S. 894, 102 S. Ct. 390, 70 L. Ed. Ramn y Arturo se la pasaban en fiestas y en una de conocieron a Emilio Valdez Mainero, quien era hijo de un coronel que fue miembro de los guardias presidenciales. Finally, the Respondent is accused by Mexico of criminal association (conspiracy) in violation of Mexican law. 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 power to make treaties is constitutionally invested in the executive branch of the United States government. 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. [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). You already receive all suggested Justia Opinion Summary Newsletters. 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 proper authority for the political decision here is, of course, the Secretary of State. 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. These individuals left his home the following day for Mexico City in a light grey Spirit automobile. 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. Mr. Soto was privy to certain events and conversations forming the basis of his knowledge. While the Court has wide latitude in admitting evidence, and hearsay evidence is admissible, the Ruiz statement is without any legally reliable corroborating or authenticating evidence in this case. Cruz also said he transported weapons used in Ibarras slaying. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. An extradition hearing is not a criminal proceeding and the person whose return is sought is not entitled to the rights available in a criminal trial at common law. Cruising the freeway between San Diego and Tijuana, Mexico, like any suburban commuter, Emilio Valdez Mainero seemed an unlikely assassin.
MAINERO v. GREGG (1999) | FindLaw 1136 (1916); McNamara v. Henkel,226 U.S. 520, 33 S. Ct. 146, 57 L. Ed. Los jvenes que cayeron en las garras de los hermanos Arellano Flix fueron: Emilio Valdez Mainero, hijo de un guardia presidencial, Alfredo Hodoyan Palacios, hijo de un empresario, Eduardo Len, los hermanos Endir y Henain Meza Castaos, Gustavo Miranda Santa Cruz y Fabin Martnez. The Ninth Circuit recognizes that barring hearsay from extradition hearings would thwart one of the objectives of bilateral extradition treaties by requiring the requesting nation to send its citizens to the extraditing country to confront the accused. 1997). [26] In Respondent's REPLY TO GOVERNMENT'S RESPONSE RE: EXTRADITION AND REQUEST FOR DISCOVERY (Docket No. at 77, 78. 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. 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. Under that rule, "an extraditing court will generally not inquire into the procedures or treatment which await a surrendered fugitive in the requesting country." Garcia-Guillern v. United States, 450 F.2d 1189, 1192 (5th Cir. Finally, Valdez offers that Cruz, Soto, Alejandro and Vasquez[32] were subjected to torture, *1222 and were under duress at the time of the "alleged" statements. Actually, this declaration is not signed by Alejandro, nor was it written by Alejandro. Respondent's reliance upon Article 11, Paragraph 3, is misplaced. *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. Specifically, Respondent sought "all witness statements submitted in General Gutierrez Rebollo's case to determine whether or not there is additional relevant testimony." The Federal Rules of Evidence and of Criminal Procedure do not apply to an extradition hearing. The Republic of Mexico seeks to extradite Valdez to answer the following charges: (1) Carrying a firearm exclusive to the Army, Navy and Air Force on or about April 9, 1996 in violation of Article 83, Section II, in accordance with Article 11, Section (b), of the Federal Law of Mexico on Weapons and Explosives;[10]. Quines eran los narcojuniors reales de Tijuana? Mexico did not produce a signed statement of Sergeant Ruiz or evidence of dates of arrest of the referenced witnesses. The . The murder and conspiracy offenses, above described, survive the Respondent's challenge. Soto recounted another incident in March, 1995, during which he was told by members of the AFO that Valdez and others participated in the assassination of a man named "Endir" who was the cousin of Manolo Rico. According to the United States' submissions and consistent therewith at the hearings, Mexico seeks extradition of the Respondent for the Mexican charges identified above. Court documents say the threat against assistant U.S. Atty. 1989), cert. R.Crim.P. Defense counsel was provided for Mr. Soto for purposes of his testimony. You can explore additional available newsletters here. Alejandro's statement, at page 13, implicates Respondent[47] in the murder. 25. 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). In Shapiro v. Ferrandina,355 F. Supp. Neely v. Henkel, supra. [15] The later supplementation of the record and the supplementation of Mexico's request for extradition, with additional charges, are not inconsistent with the Treaty or its provisions. 3184. 33) which is similarly denied for the reasons stated. Mr. Valdez became a top operative in the organization, arranging drug . The others drove in a white Volkswagen. [42] The response from Mexico indicates that closed proceedings related to General Rebollo are ongoing in Mexico and that Ruiz is a witness therein.
El Cocinero confesses about FBI Top Ten Most Wanted's Arellano Felix 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.
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