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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. Quines son los narcojuniors de Narcos Mxico en la vida real Cruz describes his mistreatment and torture at the hands of the Mexican authorities. 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 declared that the group told him of multiple murders that they, including Valdez, had committed because the "boss was angry", referring to Ramon Arellano Felix. Soto acknowledges having signed the statement as well as affixing his fingerprints. The Court is not limited in its receipt of this evidence by virtue of the lack of certification. The court denied the writ. The papers have provided a behind-the-scenes look at an assassination already widely believed to be the work of the Arellanos. 371. 2d 496 (1990). emilio valdez mainero - polucon.com 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. (5) There is probable cause that a crime or crimes were committed and that the Respondent participated in or committed them. Again, no more precise recantation of the specific events exists. aka "Cachuchas" In his September 30, 1996, declaration before an agent of the Mexican Federal Public Prosecutor, Gilberto Vasquez Culebro, aka "Cachuchas", (hereinafter Vasquez), declared that Valdez was a member of the AFO and that, in March, 1995, Valdez was in the company of the other AFO members, including, Eduardo Leon, aka "Abulon", Contreras, and Reyes. 448 (1901). In the proceeding before this Court, the Republic of Mexico (hereafter Mexico), through the United States government, seeks the extradition of United States citizen, EMILIO VALDEZ MAINERO, alleged to have committed crimes in Mexico. Narcojuniors, la pandilla real de "nios ricos" que se involucr en el No case authority is offered in this regard. En esta temporada podemos ver lo que pasa despus de la cada de Miguel ngel Flix Gallardo, interpretado por Diego Luna. This evidence is clearly contradictory and inadmissible under Collins v. Loisel,259 U.S. 309, 315-317, 42 S. Ct. 469, 66 L. Ed. There is no corroborating evidence regarding the source, however. ``But it only makes the laxity which we see daily _ that should be viewed with greater and greater suspicion.. 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. The murder and conspiracy offenses, above described, survive the Respondent's challenge. [33] On June 19, 1997, Respondent filed a REPLY TO GOVERNMENT'S RESPONSE RE: EXTRADITION AND REQUEST FOR DISCOVERY requesting, among other things, that the Court "order the government to turn over any other relevant information which might help the detainee explain the `evidence' lodged against him" (Docket No. Narcos Mxico 3: Ellos son los verdaderos "narcojuniors" en los que Probable cause exists to believe that the Respondent committed the offenses of homicide and criminal conspiracy as charged against him in Mexico. In the Matter of Extradition of Contreras,800 F. Supp. [16] Habeas corpus was subsequently granted, Kin-Hong v. United States,957 F. Supp. The Ninth Circuit has held that self incriminating statements of accomplices are sufficient to establish probable cause in an extradition hearing. Cartel Suspect Admits Plotting Cocaine Deal - Los Angeles Times Finally, the scope of admissible evidence in an extradition hearing is guided by the distinction between contradictory and explanatory evidence. By Molly Moore. 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. In the Matter of the EXTRADITION OF Emilio Valdez MAINERO. emilio valdez mainero. The extradition proceeding is not a criminal trial nor is Respondent entitled to the rights available in a criminal trial at common law. Publicado: 5/6/2021 7:10:25 PM. United States District Court, S.D. 1971), cert. The charge related to the 1994 event has been abandoned. 3184, Argento v. Horn, 241 F.2d 258 (6th Cir.1957). Fue en una fiesta que conocieron a Emilio Valdez Mainero, hijo de un coronel que fue miebro de los guardias presidenciales. In re Sindona,450 F. Supp. However, before we can indict evidence as tainted by the coercive effect of torture, satisfactory evidence must be presented. The statement by Cruz to the federal prosecutor did indicate that Cruz had suffered recent physical injury. Tijuana drug cartel may have targeted Gonzalo Curiel EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. Simmons v. Braun, 627 F.2d 635, 636 (2d Cir.1980). La pequea y poco conocida . This is part of the framework created by case law in these proceedings. October 21, 1996. His body was found in Osmun Lake in Pontiac on June 7, 2018 but no arrests were made until April 8 of this year. The allegations of torture supported by some of the self serving statements of the witnesses and some factual conflicts (i.e. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. Some federal and local officials said the mens statements are not credible because they are clear attempts to land a sweetheart deal. 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. These latter efforts resulted in the formulation of the March 3, 1997 "declaration.". Emami v. United States District Court for N. District of California, 834 F.2d 1444, 1453 (9th Cir.1987). The Federal Rules of Criminal Procedure and the Federal Rules of Evidence are not applicable in extradition proceedings. Valdezs attorney said some of the statements were extracted under torture. January 1997: Hodin Gutierrez Rico, a . 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). 956 (1922). denied, 364 U.S. 851, 81 S. Ct. 97, 5 L. Ed. Matter of Extradition of Mainero, No. 96MG1798 (AJB). Mexico Wins Extradition of Two Defendants From U.S. for Drug-Killing Magistrate No. Challenges to the testimony of Cruz, Soto, Vasquez, Miranda and Alejandro based upon the argument that they are conclusory, unreliable hearsay, and unreliable as presented by alleged codefendants or co-conspirators are rejected. Los narcojuniors reales de la serie 'Narcos Mxico 3' Since the evidence was undisputed it is not detailed extensively herein. Extradition case of Mexican men reveals details of vicious drug gang NARCOTRAFICO: DETENCIONES DE 1RA GENERACION DEL CAF - Blogger You already receive all suggested Justia Opinion Summary Newsletters. *1214 (3) First Degree Murder of Jesus Gallardo Vigil and Jesus Sanchez Angulo in violation of Article 302; Article 303, Sections I and III, Article 315 and Article 320 of the Penal Code for the Federal District. Quines son los narcojuniors en los que est basada la historia . Respondent's reliance upon Article 11, Paragraph 3, is misplaced. The others drove in a white Volkswagen. The entire record supports the finding that probable cause exists with regard to homicide charges. Fabin Martnez remplaz en el cargo a Emilio Valdez Mainero, El CP, y adems compadre de Ramn Arellano Flix, luego que aqul fue arrestado en 1996 en San Diego, California, y condenado a 30 aos de prisin por delitos relacionados con trfico de cocana y herona hacia Estados Unidos. It was not until October 2, 1996 that Soto described the alleged torture to the judge in Mexico. [33] As such, it is argued that the statements were not credible, nor should they support extradition in this case. denied, 405 U.S. 989, 92 S. Ct. 1251, 31 L. Ed. 777(N.D.Cal.1985). Valdez relies on Gallina v. Fraser, 278 F.2d 77, 78 (2d Cir.1960), cert. Valdez then smiled and announced, "The Baby paid me off. Actually, this declaration is not signed by Alejandro, nor was it written by Alejandro. 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. 956 (1922). 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. Explanatory evidence is allowed only if the evidence would, clearly, negate a showing of probable cause. If reliable, the recantations and the Ruiz statement would be evidence which would undermine the voluntariness of the statements offered by Mexico in their case in chief, and as a result, the evidence in support of probable cause for extradition. 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. Simmons v. Braun, 627 F.2d 635 (2d Cir.1980). ("Miranda") In his November 19, 1996 declaration, Miranda states that he knows the Arellano Felix brothers. A significant portion of the mens statements were taken in Mexico by officials putting together the case against Valdez and his companion at the time of his arrest, 25-year-old Alfredo Hodoyan de Palacios. Mexican prosecutors persuade California courts to send Alfredo Hodoyan Palacios and Emilio Valdez Mainero, alleged paid killers for a vicious drug ring based in Tijuana, back to Mexico to face . The Miranda statement provides competent evidence to support a finding of probable cause that Valdez was involved in the Gallardo and Sanchez murders of April 9, 1996. United States v. Taitz, 130 F.R.D. Respondent also offers, as evidence to defeat probable cause, recantations by Cruz and Soto relative to the earlier statements[36]. [3] See Memorandum Decision Denying Bail Pending Extradition Proceedings filed 10/21/96 (Docket No. When they reached Toluca, Valdez and Martinez stopped to make several telephone calls, at approximately 9:00 p.m. [42] See RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION IN SUPPORT OF EXTRADITION (Docket No. The Court is sensitive to the practical and legal limitations on Respondent's ability to challenge the evidence in the extradition proceeding. 'Narcos: Mxico 3' reparto: Quin es 'Kitty' Pez? Historia - RPP Respondent has no right to rebut prosecutorial evidence (here, the basis and procedural compliance with the laws of Mexico as well as the determination of probable cause to issue the warrant in Mexico). EMILIO VALDEZ MAINERO (hereinafter "Valdez" or "Respondent") [1] is accused by Mexico of having been involved with or committing various crimes in violation of . When arrested, Gallardo said that the marijuana belonged to Benjamin Arellano Felix, which caused the issuance of an arrest warrant for Benjamin Arellano Felix. 20, 2013) From Casetext: Smarter Legal Research. 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. There, Valdez told the group, "`The Baby' paid me off. It is argued that Vasquez suffered similar mistreatment at the hands of the Mexican authorities and had recanted the statement attributed to him in Mexico's case in chief. 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. (quoting Sindona v. Grant, 619 F.2d 167, 174 (2d Cir.1980)). Collins v. Loisel,259 U.S. 309, 317, 42 S. Ct. 469, 66 L. Ed. The Treaty between the United States and Mexico calls for probable cause to be measured by the standards established in the requesting country. An analysis of whether this Court should enact a humanitarian exception into foreign extradition begins with a recognition of the rule of non-inquiry. Support for its origin is suggested from a New York Times article[40]. Cartel May Have Targeted U.S. Prosecutor - Los Angeles Times As to item 7, the sufficiency of the evidence, Respondent contends that the probable cause element has not been met and, therefore, there is no justification for his apprehension and commitment for extradition to Mexico. 1101(d) (3); and Fed. Los narcos asesinan, se ren y despus se van a cenar In the final analysis, this Court is required to look at the indicia of reliability with regard to the persuasiveness of this evidence. 1992); Fed.R.Evid. 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. A full review of the evidence, however, is the provence of the trial court in the requesting nation. 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. 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. The Extradition Hearing was continued on several occasions after the January 14, 1997 filing, with the consent of the parties, to allow for further preparation and response to the evidence. (4) Preparatory Statement of October 2, 1996, at 6:00 p.m. before the District Judge of the Federal Criminal Proceedings in the State of Mexico, at the Federal Center for Social Rehabilitation Number 1, in Judicial Proceedings Courtroom Number One. He also stated that it was Valdez who assigned him the code name "F7". November 4, 1997. 3190. ``Take out your AK-47, and you are going to (expletive) him right now.. [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. 937 (D.Vt.1991); Jhirad v. Ferrandina, 536 F.2d 478 (2d Cir.1976). Galanis v. Pallanck, 568 F.2d 234 (2d Cir.1977); Sayne v. Shipley, 418 F.2d 679 (5th Cir.1969) cert. Covid-19 Mxico: Suman 218 mil 173 muertes y 1 milln 879 mil 713 personas se han recuperado | Cifras El director general de Epidemiologa, Jos Luis Aloma Zegarra, inform que se registran 21 mil 224 casos activos en el pas; se han aplicado 19 millones 951 mil 121 dosis aplicadas.. In Gallina, commissioner found the appellant subject to the extradition in Italy. Respondent had indicated that a recantation by Vasquez would be filed, but no such document has been offered in evidence in this case. This finding could be based upon the testimony of Miranda and Alejandro, alone. "Lobo" Hodoyn obtiene libertad - Semanario ZETA Terlinden v. Ames,184 U.S. 270, 22 S. Ct. 484, 46 L. Ed. The evidence tying Valdez to the murder of Gallardo and Sanchez itself, given the numbers of other individuals involved, supports the criminal association charge. ``Wear black clothes, the man, Gustavo Miranda Santacruz, said he was told by his superior. 2D1.1 and reduced by two levels the offense level applicable to many drug trafficking offenses. Specifically, the Court ordered the United States to file copies of videotapes of Alejandro Hodoyan's deposition; evidence including Respondent's statements regarding the circumstances surrounding the 1997 abduction of Alejandro Hodoyan and the genesis of the March 3, 1997 declaration by Alejandro Hodoyan;[5] and, all statements, recordings, transcriptions and memoranda of interviews by the assistant U.S. Attorney and federal agents of Alejandro Hodoyan. No. (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. Id. The contours of the extradition proceeding were shaped by the Treaty and statute. [29] Respondents request for discovery of all evidence of discussions with Alejandro Hodoyan is denied on the basis of the authority set forth in footnote 26, except to the extent that this information was produced in response to the Court's order of September 11, 1997 (see footnote 6). [9] See ORDER DIRECTING THE FILING OF ADDITIONAL EVIDENCE filed October 23, 1997 (Docket No. Quin es Kitty Pez, el narcojunior que interpreta Bad Bunny en Narcos 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. You can explore additional available newsletters here. Id. Miranda's statement was given to an officer of this Court. Court documents say the threat against assistant U.S. Atty. At approximately 9:30 p.m. Valdez and Martinez encountered Gallardo whom Valdez planned to assassinate. It is also alleged that Respondent was in charge of cocaine and marijuana shipments for the AFO and as a leading member of the organization, was responsible for assigning code names to the other members. Seeing no one in pursuit, Cruz followed the white Volkswagen in the navy blue Cutlass. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. See footnote 25. Valdez was ordered detained following arraignment. [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". Lee tambin "Narcos Mxico 3": Bad Bunny ser un narcojunior del Cartel de Tijuana. 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. The Court denied the motion.[3]. 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. Miranda added that the motivation for assassination was that Gallardo had threatened Gabriel Valdez Mainero (Emilio Valdez Mainero's brother) with a firearm.[26]. In the Matter of Extradition of Emilio Valdez Mainero,950 F. Supp. denied, 454 U.S. 894, 102 S. Ct. 390, 70 L. Ed. 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. Ejecutivo Mercantil Autr. Narcos 3: quines son en la vida real los "narcojuniors - infobae 1983). MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION RE: DETAINEE'S RESPONSE TO EXTRADITION REQUEST AND REQUEST FOR RELEASE, p. 55, lines 17, et seq., Docket No.
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