1101(d) (3); and Fed. 029n1est - La Jornada Judge Attacked By Trump Has Long History of Serving His Country 2D1.1 and reduced by two levels the offense level applicable to many drug trafficking offenses. See Reply to Extraditees Response to Extradition Request and Request for Release, Page 8, lines 1-5, inclusive (Docket No. 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 . [33] As such, it is argued that the statements were not credible, nor should they support extradition in this case. Informacin de El Universal. 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. The authority of a magistrate judge to conduct the proceedings is provided by 18 U.S.C. Recanting statements are relevant in these proceedings as they affect probable cause. Esta clula del crtel de Tijuana volvi a la luz por la nueva temporada de la serie de Netflix LOS NARCOJUNIORS. But the deal fell apart when the other inmate couldn't pay the promised . In the Ruiz statement, it appears that Soto was arrested at least no later than September 15, 1996. Whitepages people search is the most trusted directory. [48] Authority for this proposition is gathered from dicta in some case law in that there is no direct authority for this proposition. The charge related to the 1994 event has been abandoned. 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 . 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. Tijuana Scions of Privilege Alleged to Be Drug Hit Men The others in the navy blue Cutlass also left the Holiday Inn and caught up with the white Volkswagen at the village of San Mateo Atenco. The court, for reasons explained below, grants the petition, finding the detainee extraditable. After the statements of September 27, 1996, a medical doctor examined Soto and found no traces of any recent physical wounds. Cruz also said he transported weapons used in Ibarras slaying. [16] Habeas corpus was subsequently granted, Kin-Hong v. United States,957 F. Supp. It was at one of the celebrations that they met Emilio Valdez Mainero, the son of a colonel who was once a member of the presidential guards.Later they contacted Alfredo Hodoyan Palacios, who was the son of a wealthy businessman from the city.Alfredo had been born and studied in USA, so it was easier for the drug to pass through the border without generating suspicion. 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. The court denied the writ. MAINERO v. GREGG (1999) | FindLaw Emilio Valdez - Phone, Address, Background info | Whitepages Quin era 'El Kitty', narcojunior interpretado por Bad Bunny? This evidence is clearly contradictory and inadmissible under Collins v. Loisel,259 U.S. 309, 315-317, 42 S. Ct. 469, 66 L. Ed. Mexico also takes the position that the statement is inaccurate and not properly certified or executed. 30). Valdezs attorney said some of the statements were extracted under torture. These individuals returned to Mr. Vasquez' home in April of 1996 and stated that they were running from the authorities because they had committed a homicide in Mexico City. The limitations of the judicial review at this stage of the proceedings, however, should not be an excuse to admit evidence presented without apparent foundation or any independent indicia of trustworthiness. 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. denied, 398 U.S. 903, 90 S. Ct. 1688, 26 L. Ed. EMILIO VALDEZ MAINERO | DataJuridica.com 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"). Among the young people recruited by Mexican drug trafficking were Emilio Valdez Mainero, son of a presidential guard, Alfredo . The purported recantation of Alejandro has been discarded with the indicia of reliability supporting the initial deposition. Narcos Mxico 3: Ellos son los verdaderos "narcojuniors" en los que [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. October 21, 1996. The various activities included a number of incidents of transportation of illegal drugs and homicide. 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. [35] This evidence was received under seal in 96mg1828 and as a result, the specifics are not detailed or recited herein. In the Matter of Extradition of Contreras,800 F. Supp. 970 (1925); the probable cause is sustained if competent evidence to establish reasonable grounds is presented, not necessarily evidence competent to convict. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. Miranda declared that Valdez and Martinez committed the murder of Gallardo. When he appeared in court, the judge also noted, on the record, residual signs of physical injury. Oen Yin-Choy v. Robinson, 858 F.2d 1400, 1407 (9th Cir.1988). [39] MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION RE: DETAINEE'S RESPONSE TO EXTRADITION REQUEST AND REQUEST FOR RELEASE, Page 6, lines 5-7 (Docket No. Support for its origin is suggested from a New York Times article[40]. For the reasons set forth in the Memorandum Decision Denying Bail (see footnote 1), the Court finds that the offense of carrying a firearm exclusive to the Army, Navy and Air Force lacks dual criminality and petitioner fails in its burden regarding extradition on that matter.[18]. 96-1798-M. United States District Court, S.D. Emilio Ricardo Valds Mainero, (a) "Len" o "Ricardo Gonzlez Len", detenido el 30 de septiembre de 1996, en San Diego, California, por posesin ilegal de armas y de estupefacientes. *1220 At approximately 9:30 p.m., Cruz, who was about twenty meters away from the entrance of the Holiday Inn heard several firearms shots. Seguir Leyendo "Siempre estaba preocupada por el avance de mi divorcio, me la pasaba marcando y visitando a mi abogado. The two cars stopped in the village of San Mateo Atenco. [8] See RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION IN SUPPORT OF EXTRADITION filed September 29, 1997 (Docket No. Print material from AMNESTY INTERNATIONAL has also been filed. Two Mexican men to be extradited for drug-related murders (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 Federal Rules of Criminal Procedure and the Federal Rules of Evidence are not applicable in extradition proceedings. The Court concludes that each of the crimes for which extradition is requested by Mexico are among those specified in the Treaty but that only Criminal Association and First Degree Murder are analogous to United States law. [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. [26] In Respondent's REPLY TO GOVERNMENT'S RESPONSE RE: EXTRADITION AND REQUEST FOR DISCOVERY (Docket No. 1136 (1916); McNamara v. Henkel,226 U.S. 520, 33 S. Ct. 146, 57 L. Ed. En una de esas fiestas fue que conocieron a Emilio Valdez Mainero, quien era hijo de un coronel que fue . 1462, 1464 (S.D.Tex. 3190. California. [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". This element was not challenged by the Respondent. Id. 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 . En septiembre de 2002, el Juzgado Cuarto de Procesos Penales Federales en el Estado de Mxico (antes Juzgado Primero de Distrito . 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. 830 (1911). I Background. BATTAGLIA, District Judge. Narcos Mxico 3: de Kitty Pez a los Arellano Flix - infobae As noted previously, Respondent also offers the expert opinion of Rodolfo Gastelum Perez which has been excluded under the analysis previously set forth.[31]. MATTER OF EXTRADITION OF MAINERO - leagle.com 23. Matter of Extradition of Mainero, 990 F. Supp. 1208 - CourtListener 563, 572 *1219 (S.D.N.Y. The videotaped deposition of Alejandro is the only credible evidence to demonstrate the circumstances under which Mexico's evidence was collected. 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 request for discovery regarding Miranda was also submitted in RESPONDENTS SUPPLEMENTAL SUBMISSION RE: EXTRADITION AND REQUEST FOR DISCOVERY filed June 26, 1997 in Case 96-1828 (Docket No. I Background Arnbjornsdottir-Mendler v. United States, 721 F.2d 679, 683 (9th Cir. 3187 allow for the provisional arrest and detention of a fugitive in advance of the presentation of formal proofs. The videotapes clearly demonstrate Alejandro's demeanor. Emilio Valdez Mainero declara que en mayo de 1992, l, Arturo "Kitty" Pez Martnez, Fabin Martnez Gonzlez "El Tiburn", David Barrn Corona y Jorge Alonso, fueron a buscar para matarlo, a Ricardo Olmos; que despus que lo localizaron como usuario de un taxi, se emparejaron al vehculo y Valdez y Barrn descendieron del . En 1995, su reinado lleg a su fin. 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. 990 F.Supp. 1208 (S.D.Cal. 1997), 96MG1798, Extradition of Mainero *1225 Seargent Ruiz' statement appears to confirm Soto's statement that he was arrested prior to the September 27, 1996 date set forth in the statements made to the Mexican authorities. Otro de los reclutados fue Alfredo Hodoyan Palacios, quien era hijo de un empresario prominente en Tijuana. 54(b) (5). 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. A few seconds passed and then he saw the white Volkswagen speed out of the parking lot. Quines eran los narcojuniors reales de Tijuana? R.Crim.P. He later was charged with several murders, including Ibarras. United States v. Valdez-Mainero - casetext.com Quines son los narcojuniors en los que est basada la historia . As indicated previously, the extradition hearing is not a trial, nor a criminal proceeding providing respondent with rights available in a criminal trial at common law. Gonzalo Curiel was made by Emilio Valdez Mainero in a bugged conversation with a convicted cocaine trafficker and government informant . In addition to being signed by extraditee's father, other family members similarly signed attesting to the authenticity and veracity of the document. Nobody threatens my brother because the moron who does it, dies.". United States v. Manzi, 888 F.2d 204, 206 (1st Cir. [27] Soto actually made a series of statements relative to this matter. 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. All the victims were prosecutors or police commanders from Baja California who had investigated the Arellanos. 25. 534 (1902). In re Petition of France for Extradition of Sauvage,819 F. Supp. Narcos Mxico: who were the narcojuniors in real life - El Comercio Mr. Vasquez states that the individuals acted suspiciously and carried long and short range firearms. Valdez shot and killed Gallardo as well as Sanchez who happened to be in the corridor at the time of Gallardo's murder. Garcia-Guillern v. United States, 450 F.2d 1189, 1192 (5th Cir. Under Article 10 of the Treaty, the request for extradition is required to contain the description of the offense for which extradition is requested and shall be accompanied by: (1) A statement of the facts of the case; (2) The text of the legal provisions describing the essential elements of the offense; (3) The text of the legal provisions describing the punishment for the offense; (4) The text of the legal provisions relating to the time limit on the prosecution of the offense; and. (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. Por Investigaciones ZETA. [41] All of these individuals are described as "prisoners" in the statement. 24). [9] See ORDER DIRECTING THE FILING OF ADDITIONAL EVIDENCE filed October 23, 1997 (Docket No. Twenty-eight days after he took office, Ibarra, along with two government agents and a taxi driver, was gunned down in a cab outside Mexico Citys airport. [21] The real issue in this proceeding is whether or not there is probable cause to establish that Respondent was one of the perpetrators. Magistrate No. On the other hand, the formal statements of Soto and Cruz have significant detail concerning the personal background of the witnesses and the specifics of the offenses and related matters. (2) A Preparatory Statement of October 13, 1996, at 7:50 p.m. made before the First District Judge of Federal Criminal Proceedings in the State of Mexico, at the Federal Center for Social Rehabilitation Number 1, in Judicial Proceedings Courtroom Number One. Miranda stated that the murder took place the first part of April 1996, at the Holiday Inn in Toluca. Respondent also asserts that not only have the governing administrations changed in Mexico and the United States since the 1978 signing of the Treaty, but the purpose and intent of the parties is materially different from what it was at the time the Treaty was signed. He also stated that it was Valdez who assigned him the code name "F7". As more clearly established by case law, the Court should not usurp the constitutional authority of the State Department in this respect. Probable cause exists to believe that the Respondent committed the offenses of homicide and criminal conspiracy as charged against him in Mexico. 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. The papers have provided a behind-the-scenes look at an assassination already widely believed to be the work of the Arellanos. A great number of questions exist, and many questions remain unanswered in this case. Valdez and Martinez then fled the Holiday Inn in the white Volkswagen. In the instant case, Mexico has submitted, inter alia, sworn declarations of percipient witnesses and accomplices to the crimes alleged against Valdez. Mexico more correctly characterizes the Ruiz statement as a summary of statements by Seargent Ruiz. Soto also explains the details of the alleged abuse visited upon him. The papers have provided a behind-the-scenes look at an assassination already widely believed to be the work of the Arellanos.
God Uses Unbelievers To Accomplish His Will,
Advantages And Disadvantages Of Measures Of Dispersion,
14c28n Steel Vs D2,
Articles E
