emilio valdez mainero

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. BATTAGLIA, United States Magistrate Judge. In fact, the prevailing authorities are clear that: The decision to honor a request for extradition is "political", not "judicial". There is no legal support for a judicially created "humanitarian exception" in an extradition proceeding. Miranda was granted "use immunity" for giving the statement. Respondent asserts that Soto lost an eye as a result of the torture used by Mexico to extract his statement[39]. Argument, inference and innuendo is all that has really been presented here. [44] There are some inconsistencies in the testimony when various statements are compared, but these are not significant differences affecting this analysis. 0. Alfredo Miguel Hodoyn Palacios, (a) "Lobo" u "88" , fue detenido el 30 de septiembre de 1996, en San Diego California. [37] Respondent criticizes Mexico for not filing this set of documents. Mr. Valdez became a top operative in the organization, arranging drug shipments and assassinations, the Mexican and American police have charged in court. Quines son los narcojuniors en los que est basada la historia . California. 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. Respondent asserts that the Treaty in this instance is invalid due to changed circumstances. A Supplemental Complaint was filed and Respondent was arraigned thereon on October 16, 1996. The date of production for the photographic evidence was set for November 5, 1997[9] and later extended with properly authenticated and certified originals being filed on December 1, 1997. 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 question, and no conflict in the evidence, that Gallardo and Sanchez were shot and killed by two individuals on April 9, 1996, at approximately 9:30 p.m., at the entrance of the restaurant at the Holiday Inn in Toluca, Mexico. 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. [27] Soto actually made a series of statements relative to this matter. Respondent's reliance upon Article 11, Paragraph 3, is misplaced. United States District Court, S.D. Extradition treaties do not contemplate the introduction of testimony of live witnesses by the Respondent to contradict the demanding country's proof. The purported March 3, 1997 declaration of Alejandro is false and its manner of production and presentation erode any potential reliability. 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. Threats at the time were taken seriously, especially given the high profile murders of Tijuana's police chief in February 2000, followed shortly by the murder of Jose Patio . There is no authority that exists that requires a magistrate judge to authorize compelled disclosures of explanatory information. Treaties, by design, live well beyond the administration involved in their enactment. 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. 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. ("Cruz") In his October 12, 1996 statement, Cruz declared before an agent of the Mexican Federal Public Prosecutor that Valdez, Martinez and, Fabian Partiday, aka "Domingo," described to him crimes that they had committed, the firearms they used to commit the crimes, and the numerous cities in Mexico, in which they had committed crimes in furtherance of the goals of the AFO. [41] The statement of Francisco Cabrera Castro, aka "Piedras" is offered in the Extradition of Alejandro Hodoyan Palacios, 96mg1828 AJB. In the Matter of the Extradition of Contreras,800 F. Supp. Mexico did not produce a signed statement of Sergeant Ruiz or evidence of dates of arrest of the referenced witnesses. Again, no more precise recantation of the specific events exists. Family and friends will gather for his funeral services at 10:00 am on Saturday, September 7, 2019 at Lake Ridge 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. ``When they want to do a job _ when they want to bring down the hammer _ they can do it with brilliance and genius, Lupsha said. 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 respondent offers a handwritten declaration of Alejandro, dated March 3, 1997, to document his being detained, interrogated and tortured. EMILIO VALDEZ MAINERO (hereinafter "Valdez" or "Respondent") 1 is accused by Mexico of having been involved with or committing various crimes in violation of . Background. This resulted in the arrest of Valdez on September 30, 1996. There, Valdez told the group, "`The Baby' paid me off. At approximately 9:00 p.m., the two cars arrived at the Holiday Inn, Toluca, Valdez and Martinez got out of the car. In Matter of Extradition of Lui Kin-Hong,939 F. Supp. The personal notes and translation were offered to corroborate the declaration and the explanatory evidence with regard to Alejandro's testimony. A full review of the evidence, however, is the provence of the trial court in the requesting nation. In this regard, statements characterized as "recantations" were offered by Cruz, Soto and Hodoyan. Respondent does not dispute that the Treaty requirements have been met with regard to these items with three exceptions. In Gallina, commissioner found the appellant subject to the extradition in Italy. 00:15. The charge related to the 1994 event has been abandoned. Beyond that, he reports preparing a letter of resignation from the Department of National Defense under torture. En septiembre de 2002, el Juzgado Cuarto de Procesos Penales Federales en el Estado de Mxico (antes Juzgado Primero de Distrito . Get free access to the complete judgment in MATTER OF EXTRADITION OF MAINERO, (S.D.Cal. 25. 568 (S.D.N.Y.1979). The Courts have chosen to defer questions regarding the procedures or treatment that might await an individual on extradition to the executive branch because of its exclusive power to conduct foreign affairs. A concern over the authenticity of the evidence offered by way of the Ruiz declaration is also present. The March 3, 1997 date is taken from the first line of the document. 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. In response to this evidence, Valdez offers statements of Gabriel Valdez, Marci Ramirez Marin de Gonzalez and Eva Marin viuda de Pena. Respondent was afforded due process with a full opportunity to review and respond to the supplemental materials. 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 . Emilio Valdez passed away Saturday, August 31, 2019. In the Matter of the Extradition of Contreras,800 F. Supp. The witnesses all identify Respondent as the perpetrator in these regards. QUIERE LIBERTAD, DEBE VIDAS. The court has jurisdiction over the Respondents if they are before the court. 000012 dated January 3, *1213 1997. [29] Clearly, Alejandro's testimony is based upon his personal knowledge derived from his acquaintance with Respondent and the other individuals named and his discussion and observations in their presence. Mexico contests the reliability of these recantations asserting that they are self serving, lacking in reliability and inadmissable as contradictory evidence. Specifically, Respondent asserts that evidence included in the second extradition packet should not be received or considered by the Court. R.Crim.P. During the meeting, the group discussed their plans to kill enemies of their interests, including Amado Carillo, a rival drug trafficker. It is alleged that Respondent was involved in criminal activities within the Arellano-Felix drug trafficking organization (hereinafter AFO). 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 . 1101(d) (3); and Fed. All the victims were prosecutors or police commanders from Baja California who had investigated the Arellanos. [12] Statement of Gerardo Cruz Pacheco to an agent of the Federal Prosecutor on October 12, 1996. 23. LOS NARCOJUNIORS. Curreri v. Vice, 77 F.2d 130, 132 (9th Cir.1935); Eain v. Wilkes, 641 F.2d 504, 510 (7th Cir.1981), cert. 526/2019. The indicia of reliability is clearly on the November 30, 1996 deposition offered in Mexico's case in chief. BATTAGLIA, District Judge. Miranda infuriated his boss by refusing to do the hit because he had plans to go shopping with his family. 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. 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. Thus, it has been held appropriate to permit evidence that tends to obliterate probable cause but not evidence which merely contradicts the same. The United States has filed videotapes of Alejandro's November 30, 1996 deposition. Specifically, Respondent sought "all witness statements submitted in General Gutierrez Rebollo's case to determine whether or not there is additional relevant testimony." Among the young people recruited by Mexican drug trafficking were Emilio Valdez Mainero, son of a presidential guard, Alfredo . Zanazanian v. United States, 729 F.2d 624, 626-27 (9th Cir.1984). (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. Alejandro's statement, at page 13, implicates Respondent[47] in the murder. After the statements of September 27, 1996, a medical doctor examined Soto and found no traces of any recent physical wounds. 33) which is similarly denied for the reasons stated. Miranda's testimony is not only generally consistent with the statements of others, but is based upon his acquaintance and involvement with the individuals described therein. Mr. Vasquez states that the individuals acted suspiciously and carried long and short range firearms. Only the criminal association (conspiracy) and murder charges satisfy the dual criminality requirement for extradition. [1] Valdez was identified or described at various times and by different persons or in documentary evidence with nicknames or aliases. 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. These statements are also corroborated in significant part by Alejandro's declaration. When they reached Toluca, Valdez and Martinez stopped to make several telephone calls, at approximately 9:00 p.m. 96-1798-M. United States District Court, S.D. These offenses are extraditable offenses under the extradition treaty between Mexico and the United States. [24] A Volkswagen was seen leaving the scene by eyewitness Juan Manual de la Cruz. Finally, he contests the date of arrest. Cruz identifies photographs numbered 53, 54 and 55, respectively as depictions of Respondent Valdez. The . The holding in Gallina, however, offers no support for Valdez' claim. United States v. Wiebe, 733 F.2d 549, 554 (8th Cir.1984); Bozilov v. Seifert, 983 F.2d 140 (9th Cir.1992). 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. The court, for reasons explained below, grants the petition, finding the detainee extraditable. In the Matter of Extradition of Emilio Valdez Mainero,950 F. Supp. ", "El 5 Segundos", Ricardo Gonzalez Leon, Ricardo Emilio Valdez Mainero and Emilio Ricardo Valdez. Miranda's statement was given to an officer of this Court. The document is not authenticated. [19]Neely v. Henkel,180 U.S. 109, 21 S. Ct. 302, 45 L. Ed. Emilio Valdez Mainero and Alfredo Hodoyan were linked to the Arellano Felix drug organization, which controls the lucrative drug corridor from Baja California into the United States. [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. The law limits extradition to circumstances where the Treaty is in full force and effect. He also stated that it was Valdez who assigned him the code name "F7". There is no credible evidence supporting the authenticity of this summary of testimony in the closed investigation in Mexico. Valdez also faces charges of arranging the sale of a kilogram of heroin to a fellow inmate through friends outside prison. 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. 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. denied, 494 U.S. 1017, 110 S. Ct. 1321, 108 L. Ed. Alejandro's statements are based upon his personal knowledge due to his admitted involvement in the AFO and their activities. 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. 1996) on CaseMine. You already receive all suggested Justia Opinion Summary Newsletters. 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. Mexican law defines murder (or homicide) as taking the life of another (Article 302). Valdez _ the godfather of one of the Arellanos children _ was arrested in September in Coronado, Calif. An extradition hearing began Thursday for Valdez and another man. This element was not challenged by the Respondent. The Court is sensitive to the practical and legal limitations on Respondent's ability to challenge the evidence in the extradition proceeding. He stated that Valdez and Martinez used a white colored vehicle and that they used another car for protection. [30] Respondent's Exhibits H, I and J, respectively, docket No. The case against the implicated juniors spilled into U.S. courts after the Sept. 30 arrest of Emilio Valdez Mainero, 32, the baby-faced son of a deceased army colonel from Tijuana who, his widow .

Metamask Tax Forms, Pdp Backup Files Detected, Philodendron Golden Goddess Vs Moonlight, Articles E