Extradition case gives look at vicious cocaine group (3) Fausto Soto Miller. Miranda also stated that in 1992, Valdez was in charge of cocaine trafficking, and that later, Valdez trafficked in 200 to 400 kilogram shipments of marijuana for the AFO. He goes on to state that he signed it because he was subjected to psychological pressure and that it was a "lie". 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. 253 (1910); Rice v. Ames,180 U.S. 371, 21 S. Ct. 406, 45 L. Ed. "EL Lobo"Hodoyan of the CAF gains his freedom - Borderland Beat Soto is also asked of his desire to make a statement concerning the facts attributed to him in his statement. United States v. Manzi, 888 F.2d 204, 206 (1st Cir. Finally, the Respondent is accused by Mexico of criminal association (conspiracy) in violation of Mexican law. Augustin also indicates that Alejandro told him that the Mexican officers intended to torture and kill Alfredo Hodoyan Palacios should he be extradited to Mexico. Hodoyan haba estudiado en una . Valdez moved the Court for release under the special circumstances doctrine. Conspiracy to commit a crime is an extraditable offense under Article 2(4) (a) of the Treaty. Los narcojuniors reales de Tijuana. Mexican law defines murder (or homicide) as taking the life of another (Article 302). 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 principle argument regarding changed circumstances is the existence of the practice of torture by Mexican authorities. Respondent asserts that Soto lost an eye as a result of the torture used by Mexico to extract his statement[39]. Ellos son los narcojuniors reales de Narcos Mxico 3 - Soy502 The court, for reasons explained below, grants the petition, finding the detainee extraditable. The United States filed certified documents in support of the extradition request at various times, the first of which was on December 4, 1996. 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. *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. Respondent's roles and activities in these regards is specifically referenced. 577 (1901). Recanting statements are relevant in these proceedings as they affect probable cause. In Matter of Extradition of Lui Kin-Hong,939 F. Supp. R.Crim.P. Tijuana Cartel Escalates Violence Along Border Mexico contests the reliability of these recantations asserting that they are self serving, lacking in reliability and inadmissable as contradictory evidence. Arnbjornsdottir-Mendler v. United States, 721 F.2d 679, 683 (9th Cir. Based on case authorities Respondent's Motion in this regard is denied. The law limits extradition to circumstances where the Treaty is in full force and effect. 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. The witnesses all identify Respondent as the perpetrator in these regards. 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. The papers have provided a behind-the-scenes look at an assassination already widely believed to be the work of the Arellanos. The Department of Justice shall prepare a certification consistent with this memorandum as required by 18 U.S.C. 1978). Respondent does not dispute that the Treaty requirements have been met with regard to these items with three exceptions. 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. 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. BATTAGLIA, United States Magistrate Judge. The respondent offers a handwritten declaration of Alejandro, dated March 3, 1997, to document his being detained, interrogated and tortured. The cohorts also said the Arellanos had on their payroll Mexican immigration agents who waved cocaine shipments across the border. He stated that Valdez and Martinez used a white colored vehicle and that they used another car for protection. Treaties, by design, live well beyond the administration involved in their enactment. 5.1 is denied. It is asserted that the videotapes demonstrate Alejandro's demeanor and rebut the assertion that Alejandro testified as a result of any torture or duress. Ms tarde contactaron a Alfredo Hodoyan Palacios, quien era hijo de un empresario acaudalado de la ciudad. 3190. November 4, 1997. 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. Emilio Valdez Mainero met Ramn Arellano at a posada before Christmas 1986 in the Lomas de Aguacaliente neighborhood. This finding could be based upon the testimony of Miranda and Alejandro, alone. 534 (1902). There is no legal support for a judicially created "humanitarian exception" in an extradition proceeding. 2d 496 (1990). Beyond that, he reports preparing a letter of resignation from the Department of National Defense under torture. [23] Cruz made several statements relative to this matter. [21] The real issue in this proceeding is whether or not there is probable cause to establish that Respondent was one of the perpetrators. The court has jurisdiction over the Respondents if they are before the court. [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. The document is not authenticated. Lee tambin "Narcos Mxico 3": Bad Bunny ser un narcojunior del Cartel de Tijuana. Cal. Republic of France v. Moghadam,617 F. Supp. Background. He ended up in the hospital with gunshot wounds he said were inflicted by a member of the Arellano organization. Certainly, the decision to act upon this type of evidence rests upon some indicia of authenticity and reliability. Specifically, Respondent asserts that evidence included in the second extradition packet should not be received or considered by the Court. In Escobedo v. United States, 623 F.2d 1098, 1107 (5th Cir. In Bruton, the Supreme Court held that the admission of a co-defendant confession at a joint trial violates the defendants right to confrontation if the confession also incriminates the defendant. Matter of Extradition of Koskotas, 127 F.R.D. No case authority is offered in this regard. As described herein, the Court does find that the Republic of Mexico has met the documentary and timeliness requirements of the Treaty. 1997). at 1450-1451. The essential question is whether the indicia of reliability is on the recantation or the initial statement. 18 U.S.C. Those issues will ultimately be resolved by the trial court, along with the sufficiency of the evidence regarding guilt. 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. The authority of a magistrate judge to conduct the proceedings is provided by 18 U.S.C. 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. Attorney Gastelum's opinions are contradictory, at best, and excludable on that basis. 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. The record is overwhelming with eyewitness testimony,[20] autopsies and physical evidence from the scene to establish these facts. The testimony of Miranda, taken by Assistant United States Attorney Curiel, corroborates the substance of the evidence collected at the *1228 scene and statements by non-involved witnesses. 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 . For the reasons set forth in footnote 32 an extended analysis of the recantation is not set forth, nor is the recantation viewed any differently than those of Cruz and Soto. This resulted in the arrest of Valdez on September 30, 1996. 1462, 1469 (S.D.Tex.1992). Narcos Mxico: who were the narcojuniors in real life - El Comercio 834 F.2d 1444, 1453. When he appeared in court, the judge also noted, on the record, residual signs of physical injury. 777(N.D.Cal.1985). See Reply to Extraditees Response to Extradition Request and Request for Release, Page 8, lines 1-5, inclusive (Docket No. No case authority is offered on this issue. Emilio Valdez - Phone, Address, Background info | Whitepages 3190. Columna. (quoting Sindona v. Grant, 619 F.2d 167, 174 (2d Cir.1980)). "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. Mexico takes issue with the March 3, 1997 declaration, noting that it was not signed by the declarant, nor is part of an official proceeding or under penalty of perjury. Neely v. Henkel,180 U.S. 109, 21 S. Ct. 302, 45 L. Ed. 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. Everardo Pez, also known as "El Kitty", was not a person of money, but under the tutelage of Ramn Arellano Flix, he dedicated himself, together with the narco juniors, to cross drugs into the United States without raising suspicions due to his economic status. 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. BATTAGLIA, District Judge. (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. [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. Valdez was a 2016 graduate of Warren Mott High School who had moved to Pontiac. 1462, 1464 (S.D.Tex.1992). Respondent was identified in statements of alleged co-conspirators Fausto Soto Miller, aka "Joel Fierro," "El Chef" or "El Cocinero" (hereinafter "Soto");[22] Cruz; Gilberto Vasquez Culebro, aka "El Gorras" or "El Cachuchas" (hereinafter "Vasquez"); as well as witnesses, Alejandro Enrique Hodoyan Palacios, (hereinafter "Alejandro"); and, Gustavo Miranda Santacruz, (hereinafter "Miranda") with involvement in a host of criminal activities on behalf of the Arellano Felix organization and in particular with the shooting of Gallardo and Sanchez. A concern over the authenticity of the evidence offered by way of the Ruiz declaration is also present. [30] Respondent's Exhibits H, I and J, respectively, docket No. 934 (D.Mass.1996). 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. But the deal fell apart when the other inmate couldn't pay the promised . [19] Respondent's requests for cross examination of Petitioner's witnesses pursuant to Fed. 1983). Narcos 3: quines son en la vida real los "narcojuniors - infobae Valdez was ordered detained following arraignment. Cruz declared that in April 1996, he received a message from Martinez instructing him to meet at the Glorieta del Angel at 6:00 p.m. At that location, Cruz met with Valdez, Martinez and Contreras. There is no credible evidence supporting the authenticity of this summary of testimony in the closed investigation in Mexico. In Zanazanian, the Ninth Circuit held that police reports which summarize the statements of witnesses are competent evidence, *1227 even though the same documents would be inadmissible hearsay in other contexts. 3184, Argento v. Horn, 241 F.2d 258 (6th Cir.1957). Valdez and Martinez then fled the Holiday Inn in the white Volkswagen. Id. The indicia of reliability is in favor of the formal statements given to the Mexican authorities by Soto and Cruz and not their in court "recantations." Peryea v. United States,782 F. Supp. Finally, the scope of admissible evidence in an extradition hearing is guided by the distinction between contradictory and explanatory evidence. [13] The diplomatic note related to the initial firearms charge[14] and the criminal association charge. Again, no more precise recantation of the specific events exists. Valdez, Martinez and Contreras, were carrying small weapons in a white Volkswagen. According to the allegations, earlier on April 9, 1996, Valdez, Martinez, and Isaac Contreras Ayala, aka "Calaco", (hereinafter "Contreras") were awaiting the arrival of Gerardo Cruz Pacheco, aka "Capitan", (hereinafter "Cruz") at the Glorieta del Angel. The two cars stopped in the village of San Mateo Atenco. Valdez also faces charges of arranging the sale of a kilogram of heroin to a fellow inmate through friends outside prison. Hodoyan was taken into custody for carrying an AK-47 and some marijuana. 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]. 029n1est - La Jornada *1218 Respondent has been accused by Mexico of murder in violation of Mexican law. Article 3 of the Treaty says, in part: In this case, that means as defined in federal law. Elias v. Ramirez,215 U.S. 398, 30 S. Ct. 131, 54 L. Ed. Tambin se encontraban en este grupo 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. Fue en una fiesta que conocieron a Emilio Valdez Mainero, hijo de un coronel que fue miebro de los guardias presidenciales. There is no authority that exists that requires a magistrate judge to authorize compelled disclosures of explanatory information. Quinn v. Robinson, 783 F.2d 776, 789, 790 (9th Cir.1986). A review of the evidence submitted in support of those charges meets the requirements regarding identity and probable cause sufficient to fulfill the fifth extradition requirement. Informacin de El Universal. (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. In the Ruiz statement, it appears that Soto was arrested at least no later than September 15, 1996.