The Ruiz statement presents conflict with regard to dates of the arrest of some of Mexico's witnesses and is asserted to corroborate the use of torture in this case as well as create conflicts in Mexico's evidence in challenging the reliability of the evidence Mexico relies upon in this proceeding. In fact, they are of relatively little evidentiary value herein and as such, an extended analysis is unnecessary. [11] More fully identified as the "Criminal Code in local matters and for all the Republic in federal matters.". [45] The physical injuries to Cruz are certainly suspicious in this regard. The complaint . "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. All the victims were prosecutors or police commanders from Baja California who had investigated the Arellanos. The precedent of the long line of cases discussed above, supports the proposition that the consideration of a "humanitarian exception" should be left to the Department of State where it rightly belongs. January 1997: Hodin Gutierrez Rico, a . Respondent urges that this Court decline extradition based upon a "humanitarian exception" in that he is likely to be tortured based upon his alleged relationship to the Arellano-Felix brothers. "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. 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. This is defined as an individual who is a member of a group or gang of three or more persons whose purpose is to carry out criminal activity (Article 164). 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). In the Matter of the EXTRADITION OF Emilio Valdez MAINERO. No mention of torture or physical abuse is made. [15] The later supplementation of the record and the supplementation of Mexico's request for extradition, with additional charges, are not inconsistent with the Treaty or its provisions. The Ninth Circuit held that "[t]his contention lacks merit because under general extradition of the United States and under the provisions of Treaty, the hearsay statements Keller summarized in his affidavit are competent evidence." One of the gang's leaders, Ramon Arellano Felix, was placed on the FBI's Most Wanted list in September. 3190. Soto acknowledges having signed the statement as well as affixing his fingerprints. 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. 896 (S.D.Cal.1993). Ultimately, Article 9 of the Treaty invests the "executive authority" with the final discretion.[17]. 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. 526/2019. The United States filed certified documents in support of the extradition request at various times, the first of which was on December 4, 1996. Soto is also asked of his desire to make a statement concerning the facts attributed to him in his statement. The cohorts also said the Arellanos had on their payroll Mexican immigration agents who waved cocaine shipments across the border. 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. *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. 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. BATTAGLIA, District Judge. denied, 454 U.S. 894, 102 S. Ct. 390, 70 L. Ed. 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. Under United States law, a conspiracy is an agreement among two or more persons to commit a crime. Soto also explains the details of the alleged abuse visited upon him. There is nothing to confirm, corroborate or verify that the facts in the statement are in fact the testimony of Sergeant Ruiz, and based upon personal knowledge. Specifically, Respondent sought "all witness statements submitted in General Gutierrez Rebollo's case to determine whether or not there is additional relevant testimony." 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. Buscar. The document was written by Alejandro Hodoyan Ramirez, father of both Alejandro and Alfredo Hodoyan Palacios who is also an extraditee sought by Mexico. Soto extensively describes other, numerous criminal activities of the AFO. In fact, the prevailing authorities are clear that: The decision to honor a request for extradition is "political", not "judicial". Matter of Extradition of Koskotas, 127 F.R.D. Sebastian Gutierrez Jaime, Olga Patricia Gonzalez Garcia, Juan Manuel de la Cruz and Pablo Garcia Martinez. No case authority is offered in this regard. Mar. This assertion relates specifically to the supplemental filing of evidence regarding the first degree murder charge on January 14, 1997 and the weapons charge related to the events and circumstances of April 9, 1996. He also stated that it was Valdez who assigned him the code name "F7". As noted previously, Respondent also offers the expert opinion of Rodolfo Gastelum Perez which has been excluded under the analysis previously set forth.[31]. In this regard, statements characterized as "recantations" were offered by Cruz, Soto and Hodoyan. Emilio Valdez Mainero (Valdez) and Alfredo Hodoyan Palacios (Hodoyan) were certified as extraditable to Mexico on charges of murder and criminal association with the Arellano Felix drug trafficking organization (AFO). 2D1.1 and reduced by two levels the offense level applicable to many drug trafficking offenses. [30] Respondent's Exhibits H, I and J, respectively, docket No. The purported March 3, 1997 declaration of Alejandro is false and its manner of production and presentation erode any potential reliability. The certified documents included diplomatic note 001831 dated November 25, 1996 from the Embassy of Mexico formally requesting the extradition of Respondent on the firearms and conspiracy charges. [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". According to the United States' submissions and consistent therewith at the hearings, Mexico seeks extradition of the Respondent for the Mexican charges identified above. 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. The authority of a magistrate judge to conduct the proceedings is provided by 18 U.S.C. 934 (D.Mass.1996). 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. 1462, 1464 (S.D.Tex. Simmons v. Braun, 627 F.2d 635 (2d Cir.1980). Those issues will ultimately be resolved by the trial court, along with the sufficiency of the evidence regarding guilt. ``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. 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. In re Sindona,450 F. Supp. Mexico also cites the medical examination of Soto following the September 27, 1996 statements concluding that there were no traces of any recent physical wounds. Id. The environment where the deposition was taken is not suggestive of any coercive circumstances. Mr. Vasquez testified based upon his acquaintance and interaction with Respondent and his involvement in the events he describes. I Background. I Background [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. 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. Netflix lanz la ltima temporada de Narcos: Mxico, donde adems de los personajes que ya conocemos, hay UNA sorpresa: Bad Bunny. Recanting statements are relevant as they affect probable cause, but a showing that the prior statement is coerced and that indicia of reliability is on a subsequent recantation is the appropriate point of analysis on this issue. Mexico did not produce a signed statement of Sergeant Ruiz or evidence of dates of arrest of the referenced witnesses. Respondent does not dispute that the Treaty requirements have been met with regard to these items with three exceptions. Mexico also argued that the document was not certified as required by the treaty and would be presumptively inadmissable. Valdezs attorney said some of the statements were extracted under torture. 896 (S.D.Cal.1993). The contours do not lend themselves, nor invite the type of inquiry required to evaluate the humanitarian concerns of the magnitude suggested by Respondent. In response to this evidence, Valdez offers statements of Gabriel Valdez, Marci Ramirez Marin de Gonzalez and Eva Marin viuda de Pena. denied, 494 U.S. 1017, 110 S. Ct. 1321, 108 L. Ed. The witnesses all identify Respondent as the perpetrator in these regards. 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). de Sicor 1 Acdo. 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. They also indicated that their boss, Ramon Arellano Felix, would be pleased with the last job they had carried out. Mexico contests the reliability of these recantations asserting that they are self serving, lacking in reliability and inadmissable as contradictory evidence. denied, 398 U.S. 903, 90 S. Ct. 1688, 26 L. Ed. [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). This is part of the framework created by case law in these proceedings. En una de esas fiestas fue que conocieron a Emilio Valdez Mainero, quien era hijo de un coronel que fue . Additionally, it is not the business of the United States Courts to assume responsibility for supervising the integrity of a judicial system of another sovereign nation; such an assumption would directly conflict with the principal of comity on which extradition is based. Opinion for Matter of Extradition of Mainero, 950 F. Supp. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. United States v. Kin-Hong, 110 F.3d 103 (1st Cir. He referred to Ibarras murder and seven other major assassinations in the past 15 months that remain unsolved. The Federal Rules of Criminal Procedure and the Federal Rules of Evidence are not applicable in extradition proceedings. But the deal fell apart when the other inmate couldn't pay the promised . [3] See Memorandum Decision Denying Bail Pending Extradition Proceedings filed 10/21/96 (Docket No. Support for its origin is suggested from a New York Times article[40]. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. 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. [20] i.e. 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. The United States, in fact, complied with Article 11, Paragraph 3, by its initial filing of diplomatic note 001831, on November 25, 1996 with the U.S. Embassy in Mexico. denied, 405 U.S. 989, 92 S. Ct. 1251, 31 L. Ed. Several days went by before Cruz met with Valdez, Martinez, Contreras and Cabrera. There is no prohibition against hearsay in the extradition context because the Federal Rules of Evidence, which proscribe hearsay, do not apply to extradition. Mr. Valdez became a top operative in the organization, arranging drug shipments and assassinations, the Mexican and American police have charged in court. Again, no more precise recantation of the specific events exists. Nobody threatens my brother because the moron who does it, dies."[12]. 2d 455 (1972). No case authority is offered on this issue. 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]. The murder and conspiracy offenses, above described, survive the Respondent's challenge. There is no evidence to suggest that the United States no longer honors the treaty or that its purpose and intent are no longer served. Lee tambin "Narcos Mxico 3": Bad Bunny ser un narcojunior del Cartel de Tijuana. While Ruiz provides no direct account of any torture, this information supports a finding that Alejandro was "in custody"[43] along with others and supports an argument that extended detention was involved in the handling of the witnesses by Mexico. [23] Cruz made several statements relative to this matter. Tambin as reclutaron a Alfredo Hodoyan Palacios, hijo de un empresario de Tijuana, quien comenz a pasar droga sin levantar sospechas pues era . [8] Additional written argument was entertained from counsel and submissions in this regard were completed on October 14, 1997. 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. Date published: Mar 20, 2013. October 21, 1996. 1274 (1913); Glucksman v. Henkel,221 U.S. 508, 512, 31 S. Ct. 704, 55 L. Ed. On September 30, 1996, the United States Attorney's Office for the Southern District of *292 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"). Mr. Soto also provides a physical description of Respondent. 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. 371. Ante una posible enfermedad terminal, Benjamn Arellano Flix pretende obtener una liberacin humanitaria, y no pagar la pena de 25 aos de prisin en Estados Unidos.
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