Neely v. Henkel,180 U.S. 109, 21 S. Ct. 302, 45 L. Ed. United States v. Wiebe, 733 F.2d 549, 554 (8th Cir.1984); Bozilov v. Seifert, 983 F.2d 140 (9th Cir.1992). Citations Copy Citation. (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. [10] The firearms charge initially asserted by Mexico and related to the events on or about April 13, 1994 appears to have been abandoned. 330 (1913); Zanazanian v. U.S., 729 F.2d 624 (9th Cir.1984). Collins v. Loisel,259 U.S. 309, 317, 42 S. Ct. 469, 66 L. Ed. 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. 1462, 1469 (S.D.Tex.1992). In this regard, Respondent cites Article 11, Paragraph 3 of the Treaty. These declarations bear even greater indicia of competency than the police reports accepted as competent evidence in Zanazanian. This site is protected by reCAPTCHA and the Google, Southern District of California US Federal District Court. 18 U.S.C. Background. [25] Miranda testified based upon his acquaintance with the individuals described in his statement, his personal presence at various of the events and circumstances described and conversations with the involved individuals. 448 (1901). In this regard, statements characterized as "recantations" were offered by Cruz, Soto and Hodoyan. This finding could be based upon the testimony of Miranda and Alejandro, alone. 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. 96-1798-M. United States District Court, S.D. Gonzalo Curiel was made by Emilio Valdez Mainero in a bugged conversation with a convicted cocaine trafficker and government informant . 568 (S.D.N.Y.1979). 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. The Court is sensitive to the practical and legal limitations on Respondent's ability to challenge the evidence in the extradition proceeding. Support for the reliability of Soto's "recantation" (and by inference the other recantations) is offered by Respondent in an unsigned and uncertified declaration of First Seargent Vicente Ruiz Martinez, submitted on June 30, 1997 at the extradition hearing. In fact, in the statement to the district judge on October 2, 1996, Mr. Soto indicates that he has no physical defects. They also indicated that their boss, Ramon Arellano Felix, would be pleased with the last job they had carried out. 5.1 is denied. 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. November 4, 1997. This resulted in the arrest of Valdez on September 30, 1996. Gonzalo Curiel was made by Emilio Valdez Mainero in a bugged conversation with a convicted cocaine trafficker and government informant . Finally, the Respondent is accused by Mexico of criminal association (conspiracy) in violation of Mexican law. Quines eran los narcojuniors reales de Tijuana? Miranda was granted "use immunity" for giving the statement. Defense counsel was provided for Mr. Soto for purposes of his testimony. Mexico also argued that the document was not certified as required by the treaty and would be presumptively inadmissable. denied, 494 U.S. 1017, 110 S. Ct. 1321, 108 L. Ed. In fact, they are of relatively little evidentiary value herein and as such, an extended analysis is unnecessary. These offenses are extraditable offenses under the extradition treaty between Mexico and the United States. 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. Chapo Guzman gave marijuana to Gallardo so that he could move it into the United States, but afterwards, Chapo Guzman sent the Federal Police after him. According to statements filed in federal court in San Diego, Ibarras assassination Sept. 14 was committed by members of the Arellano Felix drug organization and coordinated by the attorney general of Baja California. As more clearly established by case law, the Court should not usurp the constitutional authority of the State Department in this respect. Article 11, itself, cites that urgency to arrest and detain an individual supports this initial procedure. [42] The response from Mexico indicates that closed proceedings related to General Rebollo are ongoing in Mexico and that Ruiz is a witness therein. The indicia of reliability is clearly on the November 30, 1996 deposition offered in Mexico's case in chief. "El Lobo" tambin fue capturado en los Estados Unidos junto con el tijuanense Emilio Valdez Mainero "El Radioloco", ambos extraditados a Mxico en enero de 1998 y tambin remitidos a Almoloya de Jurez. Ultimately, the United States sought to stay the proceedings for an additional ninety (90) day period. Garcia-Guillern v. United States, 450 F.2d 1189, 1192 (5th Cir. 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. 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. The court denied the writ. 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. Los narcojuniors . This is in contrast to the September 27, 1996 arrest date noted in the statement to the federal prosecutor. United States v. Kin-Hong, 110 F.3d 103 (1st Cir. [44] There are some inconsistencies in the testimony when various statements are compared, but these are not significant differences affecting this analysis. California. (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. Finally, the scope of admissible evidence in an extradition hearing is guided by the distinction between contradictory and explanatory evidence. 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 . They are under a compelled setting initiated by Mexican judicial authorities (as opposed to a self directed recantation by the declarants) and are no greater than a plea of not guilty when analyzed to similar proceedings under United States law. Miranda declared that Valdez and Martinez committed the murder of Gallardo. The Federal Rules of Evidence and of Criminal Procedure do not apply to an extradition hearing. He later was charged with several murders, including Ibarras. Collins v. Loisel,259 U.S. 309, 316, 42 S. Ct. 469, 66 L. Ed. California. After the statements of September 27, 1996, a medical doctor examined Soto and found no traces of any recent physical wounds. 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 . 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. 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. They are: (1) The Statement of October 12, 1996 at 1:00 a.m. in Mexico City; and. 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 documents were filed by Mexican authorities seeking extradition of two men -- Emilio Valdez Mainero, 32, and Alfredo Hodayan Palacios, 25 -- alleged to be hit men for the Arellano Felix brothers. [12] Statement of Gerardo Cruz Pacheco to an agent of the Federal Prosecutor on October 12, 1996. Defense counsel was provided for Mr. Cruz. 956 (1922). The cohorts also said the Arellanos had on their payroll Mexican immigration agents who waved cocaine shipments across the border. [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". Sebastian Gutierrez Jaime, Olga Patricia Gonzalez Garcia, Juan Manuel de la Cruz and Pablo Garcia Martinez. Therefore, the Court will certify the above and all documents admitted into evidence to the Secretary of State. In re Sindona,450 F. Supp. 1462, 1469 (S.D.Tex.1992). Valdez was a 2016 graduate of Warren Mott High School who had moved to Pontiac. En septiembre de 2002, el Juzgado Cuarto de Procesos Penales Federales en el Estado de Mxico (antes Juzgado Primero de Distrito . Opinion for Matter of Extradition of Mainero, 950 F. Supp. Entre los narcojuniors reales de Tijuana tambin estaba Alfredo Hodoyan Palacios, hijo de un empresario prominente en la ciudad . As noted previously, Respondent also offers the expert opinion of Rodolfo Gastelum Perez which has been excluded under the analysis previously set forth.[31]. The evidence tying Valdez to the murder of Gallardo and Sanchez itself, given the numbers of other individuals involved, supports the criminal association charge. Court documents say the threat against assistant U.S. Atty. Valdez moved the Court for release under the special circumstances doctrine. 5.1 is without authority and is unavailable in any event under prevailing authority. 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. 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. This latter evidence also results in a finding that any hostile action taken toward Alejandro and resulting in his disappearance and murder was more likely than not prompted at the direction of the AFO and not Mexico. Explanatory evidence is allowed only if the evidence would, clearly, negate a showing of probable cause. The two perpetrators escaped in a white Volkswagen. The allegations of torture supported by some of the self serving statements of the witnesses and some factual conflicts (i.e. The government's request for the stay was denied sustaining Respondent's objection and request to proceed. 937 (D.Vt.1991); Jhirad v. Ferrandina, 536 F.2d 478 (2d Cir.1976). 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. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. 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. When they reached Toluca, Valdez and Martinez stopped to make several telephone calls, at approximately 9:00 p.m. Additional documentation[4] (specifically related to the first degree murder and carrying a firearm exclusive to the Army, Navy and Air Force) were submitted by diplomatic note No. The Court is not limited in its receipt of this evidence by virtue of the lack of certification. The law limits extradition to circumstances where the Treaty is in full force and effect. He ended up in the hospital with gunshot wounds he said were inflicted by a member of the Arellano organization. 44). Neely v. Henkel,180 U.S. 109, 21 S. Ct. 302, 45 L. Ed. De acuerdo con un artculo del periodista Jess Blancornelas, publicado en 2002 . There is no legal support for a judicially created "humanitarian exception" in an extradition proceeding. United States v. Manzi, 888 F.2d 204, 206 (1st Cir. Soto extensively describes other, numerous criminal activities of the AFO. 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. 40). 96mg 1828(AJB). [24] A Volkswagen was seen leaving the scene by eyewitness Juan Manual de la Cruz. However, before we can indict evidence as tainted by the coercive effect of torture, satisfactory evidence must be presented. Cruz identifies photographs numbered 53, 54 and 55, respectively as depictions of Respondent Valdez. *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. At approximately 9:30 p.m. Valdez and Martinez encountered Gallardo whom Valdez planned to assassinate. The purported recantation of Alejandro has been discarded with the indicia of reliability supporting the initial deposition. 956 (1922), In re Locatelli,468 F. Supp. In contesting the accuracy of the statement of the federal prosecutor, he "rejects" the alias described to him, the reported rank in the infantry, and claims that he does not belong to the Presidential General staff but to the Presidential Guards Corps. 1997). [6] The Court also directed the United States to request from Mexico, a signed statement of Seargent Ruiz and evidence of all dates of arrest after September 1, 1996 of witnesses Soto, Alejandro Hodoyan, Francisco Cabrera Castro and Gerardo Cruz Pacheco.[7]. 3190 having been properly and legally certified and authenticated by Bruce A. Beardsley, principal counsular officer of the U.S. in Mexico. 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. BATTAGLIA, District Judge. Soto is also asked of his desire to make a statement concerning the facts attributed to him in his statement. The respondent offers a handwritten declaration of Alejandro, dated March 3, 1997, to document his being detained, interrogated and tortured. In response to this evidence, Valdez offers statements of Gabriel Valdez, Marci Ramirez Marin de Gonzalez and Eva Marin viuda de Pena. The contours do not lend themselves, nor invite the type of inquiry required to evaluate the humanitarian concerns of the magnitude suggested by Respondent. [36] A recantation of Francisco Cabrera Castro is also filed and argued to support Respondent's position. An analysis of whether this Court should enact a humanitarian exception into foreign extradition begins with a recognition of the rule of non-inquiry. Respondent asserts that the Treaty in this instance is invalid due to changed circumstances. 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. 18 U.S.C. The contours of the extradition proceeding were shaped by the Treaty and statute. [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. 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. The case against the juniors spilled into U.S. courts after the Sept. 30 arrest of Emilio Valdez Mainero, 32, the baby-faced son of a deceased Tijuana colonel. [5] This Declaration is filed in Case No. 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". Martinez instructed Contreras and Cruz to drive a navy blue Cutlass to the Holiday Inn in Toluca. (4) Alejandro Enrique Hodoyan Palacios In his November 30, 1996 deposition, Alejandro not only discussed the murder of Gallardo and Sanchez, but he also discussed other criminal activity involving the AFO and including the activities of Respondent Valdez. 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. *1209 *1210 *1211 *1212 Michael Pancer, Law Office of Michel Pancer, San Diego, CA, for Emilio Ricardo Valdez. 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. Fue en una fiesta que conocieron a Emilio Valdez Mainero, hijo de un coronel que fue miebro de los guardias presidenciales. 1101(d) (3); and Fed. Zanazanian v. United States, 729 F.2d 624, 626-27 (9th Cir.1984). Get free summaries of new Southern District of California US Federal District Court opinions delivered to your inbox! He stated that Valdez and Martinez used a white colored vehicle and that they used another car for protection. In the Matter of Extradition of Emilio Valdez Mainero,950 F. Supp. The Federal Rules of Criminal Procedure and the Federal Rules of Evidence are not applicable in extradition proceedings. Valdez shot and killed Gallardo as well as Sanchez who happened to be in the corridor at the time of Gallardo's murder. We will gather for a memorial service and viewing at 6:00 p.m. Friday, September 6, 2019 followed by a visitation at Lake Ridge Chapel and Memorial Designers.
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