emilio valdez mainero

956 (1922). 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 . The . 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 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. 124 F.3d 1186, 1997 WL 624797 (9th Cir.). 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. In the statement to the judge, with the assistance of counsel, Cruz was asked by the Court if he desired to make a statement concerning the facts that are attributed to him in the subject statement. The document is not authenticated. 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. Bingham v. Bradley,241 U.S. 511, 517, 36 S. Ct. 634, 60 L. Ed. These latter efforts resulted in the formulation of the March 3, 1997 "declaration.". 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. [45] The physical injuries to Cruz are certainly suspicious in this regard. Valdez was a 2016 graduate of Warren Mott High School who had moved to Pontiac. The request for a provisional arrest is based, in significant part, upon the existence of a warrant for the fugitive's arrest issued in the district of the authority making the request and charging the fugitive with a commission of crime for which his extradition is sought to be obtained. [30] Respondent's Exhibits H, I and J, respectively, docket No. [40] U.S.-MEXICO DRUG WAR: Two Systems Collide, New York Times, July 22, 1997. Specifically, Respondent sought "all witness statements submitted in General Gutierrez Rebollo's case to determine whether or not there is additional relevant testimony." Therefore, the Court will certify the above and all documents admitted into evidence to the Secretary of State. 1028, 1049 (S.D.N.Y.1990); Republic of France v. Moghadam, 617 F.Supp. California. Barrett v. United States, 590 F.2d 624 (6th Cir. 3184, et seq. De recuperar la libertad, en Mxico le esperan una sentencia de 22 aos de crcel por narcotrfico . That conclusion is based on the following analysis. Under that rule, "an extraditing court will generally not inquire into the procedures or treatment which await a surrendered fugitive in the requesting country." [23] Cruz made several statements relative to this matter. The charge related to the 1994 event has been abandoned. Fed.R.Evid. 3190. 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). 3184, et seq., the United States issued a provisional arrest warrant for the Respondent, signed by Magistrate Judge Anthony J. Battaglia on September 30, 1996. The Ninth Circuit recognizes that barring hearsay from extradition hearings would thwart one of the objectives of bilateral extradition treaties by requiring the requesting nation to send its citizens to the extraditing country to confront the accused. Under United States law, (i.e., California Penal Code 187-199) murder is unlawful and similarly defined. Another court has correctly characterized the above sentence from the Second Circuit as "dicta." The magistrate's function is to determine whether there is "any" evidence establishing reasonable or probable cause. 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. 3187 allow for the provisional arrest and detention of a fugitive in advance of the presentation of formal proofs. If the Court determines that all the requisite elements have been met, the findings are incorporated into a certificate of extraditability. 1 Since there is no right of appeal from extradition orders, Valdez and Hodoyan filed petitions for writs of habeas corpus in . [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 Department of States's opinion is entitled to deference. Only the criminal association (conspiracy) and murder charges satisfy the dual criminality requirement for extradition. Quinn v. Robinson, 783 F.2d 776, 789, 790 (9th Cir.1986). Soto extensively describes other, numerous criminal activities of the AFO. Mr. Valdez was referred to as "El Cabezon", "C.P. 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. United States v. Valdez-Mainero. Soto is also asked of his desire to make a statement concerning the facts attributed to him in his statement. 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. [37] Respondent criticizes Mexico for not filing this set of documents. Finally, the scope of admissible evidence in an extradition hearing is guided by the distinction between contradictory and explanatory evidence. one strange rock gasp quizlet New Lab; glider timetable dundonald park and ride; 12 gauge 100 round drum; Magistrate No. 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. In the Matter of the EXTRADITION OF Emilio Valdez MAINERO. Quines son los narcojuniors en los que est basada la historia . 18 U.S.C. While the motion was denied, the Court did find good cause to order the production of further evidence described by the United States in its responsive papers as becoming available since the June 30, 1997 extradition hearing. In this regard, statements characterized as "recantations" were offered by Cruz, Soto and Hodoyan. 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. Mexico also argued that the document was not certified as required by the treaty and would be presumptively inadmissable. Alejandro provides an unrestrained narrative discussion of various events and circumstances, prompted by periodic questions and all simultaneously recorded in an office on CPU's. Background. There is no legal support for a judicially created "humanitarian exception" in an extradition proceeding. A few seconds passed and then he saw the white Volkswagen speed out of the parking lot. 2d 74 (1960), as the case that establishes the possibility of a "humanitarian exception" based on the "federal court's sense of decency." 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"). Concerning the murder and firearms charge, it is alleged that on April 9, 1996, at approximately 9:30 p.m., in the restaurant at the Holiday Inn in Toluca, Mexico, Jesus Gallardo Vigil, aka "El Bebe", (hereinafter "Gallardo"), and Jesus Sanchez Angulo (hereinafter "Sanchez") were shot and killed by Respondent and Fabian Martinez Gonzalez, aka "Tiburon", (hereinafter "Martinez"). The Federal Rules of Evidence and of Criminal Procedure do not apply to an extradition hearing. Case Number: 97CR2149 JM (S.D. (quoting Sindona v. Grant, 619 F.2d 167, 174 (2d Cir.1980)). 1971), cert. [25] Miranda testified based upon his acquaintance with the individuals described in his statement, his personal presence at various of the events and circumstances described and conversations with the involved individuals. Date published: Mar 20, 2013. 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. [13] The diplomatic note related to the initial firearms charge[14] and the criminal association charge. No further "recantation" exists, although he does "appeal that accusation" (the charges brought against him are on the basis of the statements). Los narcojuniors estudiaban en colegios particulares y pertenecan a familias acomodadas. [43] The balance of the evidence, as noted, does not lead to the conclusion that Alejandro was under duress, nor, that the November 30, 1996 deposition is unreliable. Whitepages people search is the most trusted directory. This finding could be based upon the testimony of Miranda and Alejandro, alone. 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. In Gallina, commissioner found the appellant subject to the extradition in Italy. (7) Evidence which, in accordance with the laws of the requested party, would justify the apprehension and commitment for the trial of the person sought if the offense had been committed there, (i.e., probable cause). 777 (N.D.Cal.1985). 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. [26] In Respondent's REPLY TO GOVERNMENT'S RESPONSE RE: EXTRADITION AND REQUEST FOR DISCOVERY (Docket No. 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. The proper authority for the political decision here is, of course, the Secretary of State. is indoor ice skating safe during covid; most common super bowl final scores; lynette woodard spouse; reelfoot lake fishing guides; emilio valdez mainero. Collins v. Loisel,259 U.S. 309, 317, 42 S. Ct. 469, 66 L. Ed. An analysis of whether this Court should enact a humanitarian exception into foreign extradition begins with a recognition of the rule of non-inquiry. En 1995, su reinado lleg a su fin. In the Matter of Extradition of Contreras,800 F. Supp. *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. "The Secretary of State has sole discretion to refuse extradition on humanitarian grounds because of the procedures or treatment that await the surrendered fugitive." He goes on to state that he signed it because he was subjected to psychological pressure and that it was a "lie". 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. Ejecutivo Mercantil Autr. [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. 3188 for a similar proposition. Ultimately, the Court concludes that there is no reliable evidence of torture or duress of the witnesses. Valdez also faces charges of arranging the sale of a kilogram of heroin to a fellow inmate through friends outside prison. 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. 33. *1229 The testimony of the various witnesses, including Miranda and Alejandro provide competent evidence for an assessment of probable cause to believe that the crime of criminal association (conspiracy) has been committed and that Respondent is involved therein. 956 (1922). No case authority is offered in this regard. The two cars stopped in the village of San Mateo Atenco. October 21, 1996. Article 3 of the Treaty says, in part: In this case, that means as defined in federal law. 1983). United States v. Taitz, 130 F.R.D. 534 (1902). 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. This issue was not challenged by the Respondent. 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. at 77, 78. 2d 476 (1968), is also unpersuasive in this regard. Furthermore, the sworn witness statements in the instant case are the type of evidence contemplated by the Treaty to avoid the need for the requesting country to send its witnesses to the requested country to testify at the extradition hearing.

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