emilio valdez mainero

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. Finally, the scope of admissible evidence in an extradition hearing is guided by the distinction between contradictory and explanatory evidence. During the drive, Contreras told Cruz that, "his friends in the white Volkswagen wanted to say hello to a fellow citizen who was in Toluca to train for boxing." at 77, 78. 1136 (1916). 40). 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. This document is submitted to be from the files in the prosecution of General Gutierrez Rebollo, by the Republic of Mexico, in Mexico. In the instant case, Mexico has submitted, inter alia, sworn declarations of percipient witnesses and accomplices to the crimes alleged against Valdez. Matter of Extradition of Koskotas, 127 F.R.D. Valdez and Martinez drove off in the white Volkswagen and Cruz and Contreras followed them in a navy blue Cutlass.[24]. 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. Alejandro's statement, at page 13, implicates Respondent[47] in the murder. R.Crim.P. El cantante interpreta a Arturo "Kitty" Paez, un sanguinario pero muy snob criminal . Columna. Court documents say the threat against assistant U.S. Atty. The document is not authenticated. Some federal and local officials said the mens statements are not credible because they are clear attempts to land a sweetheart deal. [27] Soto actually made a series of statements relative to this matter. one strange rock gasp quizlet New Lab; glider timetable dundonald park and ride; 12 gauge 100 round drum; Arnbjornsdottir-Mendler v. United States, 721 F.2d 679, 683 (9th Cir. Respondent's reliance upon Article 11, Paragraph 3, is misplaced. emilio valdez mainerospiral pattern printing in c. phillies front office salaries Simmons v. Braun, 627 F.2d 635, 636 (2d Cir.1980). This site is protected by reCAPTCHA and the Google, Southern District of California US Federal District Court. 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. The recantations are little more than self-serving declarations at the time of "arraignment" on the charges based upon the statements given to the federal prosecutor. 937 (D.Vt.1991); Jhirad v. Ferrandina, 536 F.2d 478 (2d Cir.1976). 39); and, SUPPLEMENTAL ORDER DIRECTING THE UNITED STATES TO FILE ADDITIONAL EVIDENCE filed September 12, 1997 (Docket No. Citations Copy Citation. Respondent also cites Title 18 U.S.C. 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. You're all set! That conclusion is based on the following analysis. (quoting Sindona v. Grant, 619 F.2d 167, 174 (2d Cir.1980)). It is further argued that there is a strong motivation on behalf of the Hodoyan family to help Respondent and this would give rise to questions with regard to the trustworthiness of the document. En septiembre de 2002, el Juzgado Cuarto de Procesos Penales Federales en el Estado de Mxico (antes Juzgado Primero de Distrito . The papers have provided a behind-the-scenes look at an assassination already widely believed to be the work of the Arellanos. Several days went by before Cruz met with Valdez, Martinez, Contreras and Cabrera. [37] These statements were taken in open Court, at the time that Cruz and Soto were arraigned on charges filed against them by the Republic of Mexico and based upon the statements given to the public prosecutor. Therefore, the Court will certify the above and all documents admitted into evidence to the Secretary of State. 3188 for a similar proposition. Peter Lupsha, an expert on drug trafficking and former professor at University of New Mexico, said this case suggests that a corrupt Mexican government thwarted previous drug investigations. Mr. Valdez became a top operative in the organization, arranging drug shipments and assassinations, the Mexican and American police have charged in court. As more clearly established by case law, the Court should not usurp the constitutional authority of the State Department in this respect. The court has jurisdiction over the Respondents if they are before the court. 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. Emilio Valdez Mainero met Ramn Arellano at a posada before Christmas 1986 in the Lomas de Aguacaliente neighborhood. In addition to being signed by extraditee's father, other family members similarly signed attesting to the authenticity and veracity of the document. El recordado criminal perteneca a los Narcojuniors, una clula del crtel de Tijuana que sale a relucir en la nueva temporada de la serie de Netflix. Ramn, "el Mon", organizaba las fiestas para localizar a sus objetivos y en una de ellas conocieron a Emilio Valdez Mainero, hijo de un coronel miembro de la Guardia Presidencial en la poca. [8] Additional written argument was entertained from counsel and submissions in this regard were completed on October 14, 1997. denied, 454 U.S. 894, 102 S. Ct. 390, 70 L. Ed. 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. The court denied the writ. Homicide is an extraditable offense under Article 2(1) and Appendix Part 1 of the treaty. The videotapes clearly demonstrate Alejandro's demeanor. Mexico does acknowledge that there is an investigation ongoing concerning the actions of General Rebollo and his associates, and that the investigations include the "possible" unlawful detention of suspects. Cruz testified based upon his personal acquaintance with the individuals named in the statement, and his participation in various events and circumstances, as well as conversations, with the individuals involved. [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". C. Fausto Soto Miller, aka "Chef" In his September 27, 1996[27] declaration before an agent of the Mexican Federal Public Prosecutor, Fausto Soto Miller, "Chef," (hereinafter *1221 "Soto") stated that he was aware of the personal problems between Valdez and Gallardo, arising out of a threat with a firearm against Gabriel Valdez made by Gallardo. (2) Gustavo Miranda Santacruz. 956 (1922). Neely v. Henkel,180 U.S. 109, 21 S. Ct. 302, 45 L. Ed. An injury to the anterior upper third of his right leg is claimed to have resulted from a fight with an unknown person. BATTAGLIA, United States Magistrate Judge. There is no corroborating evidence regarding the source, however. A full review of the evidence, however, is the provence of the trial court in the requesting nation. EMILIO VALDEZ MAINERO (hereinafter "Valdez" or "Respondent") [1] is accused by Mexico of having been involved with or committing various crimes in violation of . A few seconds passed and then he saw the white Volkswagen speed out of the parking lot. The United States filed certified documents in support of the extradition request at various times, the first of which was on December 4, 1996. 896 (S.D.Cal.1993). Cruising the freeway between San Diego and Tijuana, Mexico, like any suburban commuter, Emilio Valdez Mainero seemed an unlikely assassin. Appellant appealed the habeas corpus denial to the Second Circuit. 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. It is alleged that Respondent was involved in criminal activities within the Arellano-Felix drug trafficking organization (hereinafter AFO). *1209 *1210 *1211 *1212 Michael Pancer, Law Office of Michel Pancer, San Diego, CA, for Emilio Ricardo Valdez. The magistrate's function is to determine whether there is "any" evidence establishing reasonable or probable cause. In support of its extradition request on the charge of criminal conspiracy, Mexico has provided, among other things, the following sworn, certified and authenticated witness statements which detail Valdez' membership and participation in the Arellano Felix drug trafficking organization: (1) Gerardo Cruz Pacheco aka "Capitan". (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. The filing of certified documents permitted Mexico to go forward with the extradition proceeding under the Treaty. 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. [9] See ORDER DIRECTING THE FILING OF ADDITIONAL EVIDENCE filed October 23, 1997 (Docket No. 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 complaint . (5) Gilberto Vasquez Culebro. 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. Certainly, the decision to act upon this type of evidence rests upon some indicia of authenticity and reliability. As set forth in Footnote 26, the rights normally available in a criminal trial are not available in this proceeding. Mexico contests the reliability of these recantations asserting that they are self serving, lacking in reliability and inadmissable as contradictory evidence. The Second Circuit affirmed the denial of the habeas corpus petition. 3184, et seq. *291 Michael Pancer, Law Office of Michael Pancer, San Diego, CA, for Emilio Valdez Mainero. Hodoyan was taken into custody for carrying an AK-47 and some marijuana. 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. 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"). 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. The notes are identified by Augustin Hodoyan, Alejandro's brother. En esta temporada podemos ver lo que pasa despus de la cada de Miguel ngel Flix Gallardo, interpretado por Diego Luna. Get free access to the complete judgment in MATTER OF EXTRADITION OF MAINERO, (S.D.Cal. 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. Date published: Mar 20, 2013. When arrested, Gallardo said that the marijuana belonged to Benjamin Arellano Felix, which caused the issuance of an arrest warrant for Benjamin Arellano Felix. EMILIO VALDEZ MAINERO (hereinafter "Valdez" or "Respondent")[1] is accused by Mexico of having been involved with or committing various crimes in violation of Mexican laws. [46] Respondent's repeated request to confront and cross-examine Mexico's witnesses under Fed.R.Crim.P. 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. 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 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 . The court, for reasons explained below, grants the petition, finding the detainee extraditable. [13] The documents themselves do not have to filed in court by the 60 day period, only received by the United States. Respondent's roles and activities in these regards is specifically referenced. Nobody threatens my brother because the moron who does it, dies.". He states that the reason that Gallardo was murdered was because he had allowed "Chapo Guzman" into the territory of Tijuana to deal drugs and push out Benjamin Arellano Felix. Id. The credible evidence, satisfies Mexico's burden in this respect[44]. There is no authority that exists that requires a magistrate judge to authorize compelled disclosures of explanatory information. The Federal Rules of Evidence and of Criminal Procedure do not apply to an extradition hearing. Opinion for Matter of Extradition of Mainero, 950 F. Supp. 830 (1911). Support for its origin is suggested from a New York Times article[40]. "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. The March 3, 1997 date is taken from the first line of the document. 50). Specifically, the tape of the interview with Miranda, all notes and interview sheets, and documentation concerning Assistant United States Attorney Curiel's agency on behalf of Mexico. 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. 896 (S.D.Cal.1993). "The rationale is that such matters are to be determined solely by the executive branch." EMILIO VALDEZ MAINERO (hereinafter "Valdez" or "Respondent") 1 is accused by Mexico of having been involved with or committing various crimes in violation of . [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. 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. 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. In the Matter of the EXTRADITION OF Emilio Valdez MAINERO. Criminal activity is defined as those who agree to or plan the crime, commit the crime themselves and/or commit the crime jointly with others (Article 13, Sections 1 through 3, inclusive). The interests of Mexico were represented by the United States through the United States Department of Justice, by United States Attorney Alan D. Bersin and Assistant United States Attorney Gonzalo P. Curiel. The . In the Matter of Extradition of Emilio Valdez Mainero,950 F. Supp. The Ruiz statement also describes the "detention" of Alejandro and Francisco Cabrera Castro, aka "Piedras". Collins v. Loisel,259 U.S. 309, 316, 42 S. Ct. 469, 66 L. Ed. 25. 1462, 1469 (S.D.Tex.1992). 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. Alejandro, who is the brother of extraditee Alfredo Miguel hodoyan Palacios aka "Lobo",[28] stated that his brother told him that Valdez and Martinez had participated in the murder of Gallardo at the Holiday Inn Hotel in Toluca. The United States has filed videotapes of Alejandro's November 30, 1996 deposition. Respondent had indicated that a recantation by Vasquez would be filed, but no such document has been offered in evidence in this case. While obviously nervous as he recounts the AFO's activities, there are no signs of physical abuse or manifestations consistent with psychological pressure or duress. In that statement, Cruz was noted to have suffered multiple burns which were attributed to an incident several days before when he was inspecting the exhaust pipe of a vehicle. [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). In Matter of Extradition of Pazienza,619 F. Supp. Fausto Soto Miller presented Ultimately, Article 9 of the Treaty invests the "executive authority" with the final discretion.[17]. *1215 The sufficiency of the evidence (i.e., probable cause) will be discussed hereinafter. At the time of the June 30, 1997 hearing, a typed translation of Alejandro's personal notes was offered. The court, for reasons explained below, grants the petition, finding the detainee extraditable. The certified documents submitted by Mexico, including the statements of Cruz, Miranda, Soto, Vasquez and Alejandro are admitted into evidence in accordance with Article 10(6) of the subject Treaty and 18 U.S.C. Respondent's objections to this evidence and his explanatory evidence have already been addressed, and rejected. One of the gang's leaders, Ramon Arellano Felix, was placed on the FBI's Most Wanted list in September. 2D1.1 and reduced by two levels the offense level applicable to many drug trafficking offenses. [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 right of confrontation,[46] specifically, has been held inapplicable, as have the Federal Rules of Criminal Procedure, and the Federal Rules of Evidence. [35] This evidence was received under seal in 96mg1828 and as a result, the specifics are not detailed or recited herein. 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. United States ex rel Sakaguchi v. Kaulukukui, 520 F.2d 726, 730-731 (9th Cir.1975). [4] As presented, the documentary evidence in this regard appears to supplement, not supersede, the previous filings of certified documents in support of the request for extradition.

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