290 Brought to you by Free Law Project, . In this regard, Respondent cites Article 11, Paragraph 3 of the Treaty. Simmons v. Braun, 627 F.2d 635 (2d Cir.1980). Collins v. Loisel,259 U.S. 309, 315-317, 42 S. Ct. 469, 66 L. Ed. This is part of the framework created by case law in these proceedings. 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. 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." California. Mexico also takes the position that the statement is inaccurate and not properly certified or executed. The . The statements attributed to Respondent Valdez from the wiretape surveillance,[35] result in a finding that Alejandro's March 3, 1997 declaration and personal notes were contrived and are unreliable. Pursuant to an extradition treaty between Mexico and the United States, Treaty 31 UST 5059, TIAS 9656 ("Treaty"), and under federal laws supplementing and implementing such treaties, 18 U.S.C. The analysis is also unnecessary in light of the Ninth Circuit order of October 2, 1997 ordering an en banc hearing in the case. Bruton v. United States,391 U.S. 123, 88 S. Ct. 1620, 20 L. Ed. 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). Cruising the freeway between San Diego and Tijuana, Mexico, like any suburban commuter, Emilio Valdez Mainero seemed an unlikely assassin. For this reason, Respondent's challenge in this regard is denied. In the Matter of the Extradition of Contreras,800 F. Supp. one strange rock gasp quizlet New Lab; glider timetable dundonald park and ride; 12 gauge 100 round drum; [44] There are some inconsistencies in the testimony when various statements are compared, but these are not significant differences affecting this analysis. A concern over the authenticity of the evidence offered by way of the Ruiz declaration is also present. The court, for reasons explained below, grants the petition, finding the detainee extraditable. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. [39] MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION RE: DETAINEE'S RESPONSE TO EXTRADITION REQUEST AND REQUEST FOR RELEASE, Page 6, lines 5-7 (Docket No. 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 . 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. 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. Narcos 3: quines son en la vida real los "narcojuniors - infobae Soto acknowledges having signed the statement as well as affixing his fingerprints. [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. October 21, 1996. 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. Miranda details numerous other criminal activities in which Valdez and others in the AFO were involved, including the assassination of Larios Guzman, the July 1994 assassination of multiple military officers, the kidnaping and murder of a person with the last name Margain, and the kidnaping of a man with the last name Baloyan. Certainly, the decision to act upon this type of evidence rests upon some indicia of authenticity and reliability. 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 . Ellos son los narcojuniors reales de Narcos Mxico 3 - Soy502 Gonzalo Curiel was made by Emilio Valdez Mainero in a bugged conversation with a convicted cocaine trafficker and government informant . These three were carrying short range firearms in a white Volkswagen. [48] Authority for this proposition is gathered from dicta in some case law in that there is no direct authority for this proposition. As a result, the accomplice argument does not negate reliability in this instance, nor does it defeat admissibility. 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. [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. All the victims were prosecutors or police commanders from Baja California who had investigated the Arellanos. QUIERE LIBERTAD, DEBE VIDAS - Semanario ZETA 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. Another Mexican, questioned by prosecutors while in the intensive care unit of a San Diego hospital, said the hit on the 50-year-old Ibarra was planned carefully by Arellano organization members. Extradition of Mainero, Matter of, 950 F. Supp. 290 | Casetext Search emilio valdez mainerospiral pattern printing in c. phillies front office salaries 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. Mexico more correctly characterizes the Ruiz statement as a summary of statements by Seargent Ruiz. The cohorts also said the Arellanos had on their payroll Mexican immigration agents who waved cocaine shipments across the border. 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. 1462, 1464 (S.D.Tex.1992). See Reply to Extraditees Response to Extradition Request and Request for Release, Page 8, lines 1-5, inclusive (Docket No. The Federal Rules of Criminal Procedure and the Federal Rules of Evidence are not applicable in extradition proceedings. United States v. Wiebe, 733 F.2d 549, 554 (8th Cir.1984); Bozilov v. Seifert, 983 F.2d 140 (9th Cir.1992). While 3188 requires the United States to deliver a person committed for extradition to a foreign government within two months, that provision has no application to the proceedings in this case, at this stage, as commitment does not occur prior to the certification of the Respondent's extraditability by the Court. Alejandro's statements are based upon his personal knowledge due to his admitted involvement in the AFO and their activities. 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. The court, for reasons explained below, grants the petition, finding the detainee extraditable. The statement by Cruz to the federal prosecutor did indicate that Cruz had suffered recent physical injury. Under Article 10 of the Treaty, the request for extradition is required to contain the description of the offense for which extradition is requested and shall be accompanied by: (1) A statement of the facts of the case; (2) The text of the legal provisions describing the essential elements of the offense; (3) The text of the legal provisions describing the punishment for the offense; (4) The text of the legal provisions relating to the time limit on the prosecution of the offense; and. Anecdotes from the AFO (Ramon and Benjamin). I may have the - reddit United States v. Taitz, 130 F.R.D. EMILIO VALDEZ MAINERO (hereinafter "Valdez" or "Respondent") 1 is accused by Mexico of having been involved with or committing various crimes in violation of . 33. 1983). 3184, Argento v. Horn, 241 F.2d 258 (6th Cir.1957). 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. Another court has correctly characterized the above sentence from the Second Circuit as "dicta." Conoce a Kitty Paez, el narcojunior al que dio vida Bad Bunny este 2021 View phone numbers, addresses, public records, background check reports and possible arrest records for Emilio Valdez. A full review of the evidence, however, is the provence of the trial court in the requesting nation. [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. He ended up in the hospital with gunshot wounds he said were inflicted by a member of the Arellano organization. The matter proceeded to an extradition hearing on June 30, 1997 before the Honorable Anthony J. Battaglia, United States Magistrate Judge. Valdez, Martinez and Contreras, were carrying small weapons in a white Volkswagen. The . The indicia of reliability is clearly on the November 30, 1996 deposition offered in Mexico's case in chief. Collins v. Loisel,259 U.S. 309, 316, 42 S. Ct. 469, 66 L. Ed. These declarations bear even greater indicia of competency than the police reports accepted as competent evidence in Zanazanian. Gerardo Cruz Pacheco, a former presidential security guard, told Mexican officials he helped the gunmen escape after the Holiday Inn murder by forming a wall of cars as they drove off. Soto is also asked of his desire to make a statement concerning the facts attributed to him in his statement. 1028, 1049 (S.D.N.Y.1990); Republic of France v. Moghadam, 617 F.Supp. United States v. Kin-Hong, 110 F.3d 103 (1st Cir. As more clearly established by case law, the Court should not usurp the constitutional authority of the State Department in this respect. [45] The thought of testimony coerced by torture is certainly abhorrent and inconsistent with tenets of our society. Valdez and Martinez then fled the Holiday Inn in the white Volkswagen. We will gather for a memorial service and viewing at 6:00 p.m. Friday, September 6, 2019 followed by a visitation at Lake Ridge Chapel and Memorial Designers. The certificate is forwarded to the Department of State. The document is not authenticated. The Federal Rules of Evidence and of Criminal Procedure do not apply to an extradition hearing. Quin es Kitty Pez, el narcojunior que interpreta Bad Bunny en Narcos [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". (2) Criminal Association between 1994 and September 14, 1996 in violation of Article 164, Paragraph 1 in accordance with Article 13, Section II, of the Penal Code for the Federal District;[11] and. Matter of Extradition of Mainero :: California Southern District Court The notes are identified by Augustin Hodoyan, Alejandro's brother. The court, for reasons explained below, grants the petition, finding the detainee extraditable. In Emami v. United States, 834 F.2d 1444 (9th Cir.1987), Emami contended that Germany had presented no competent evidence upon which the district court could make a finding of extraditability because Germany relied on facts which prosecutor Keller related in his affidavit which consisted solely of inadmissible hearsay statements made by Emami's former patients and employees. He referred to Ibarras murder and seven other major assassinations in the past 15 months that remain unsolved. 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. While the Court has wide latitude in admitting evidence, and hearsay evidence is admissible, the Ruiz statement is without any legally reliable corroborating or authenticating evidence in this case. No precise authority is offered in regard to this premise. Respondent asserts that the Treaty in this instance is invalid due to changed circumstances. Background. The various activities included a number of incidents of transportation of illegal drugs and homicide. Ejecutivo Mercantil Autr. In the Matter of the EXTRADITION OF Emilio Valdez MAINERO. Matter of Extradition of Mainero, No. 96MG1798 (AJB). [15] The Treaty, in Article 11, and 18 U.S.C. United States v. Valdez-Mainero | CASE NO. 97cr1798 JM - Casemine No applicable authority was presented on this point and prevailing authority as set forth herein supports this ruling. The papers have provided a behind-the-scenes look at an assassination already widely believed to be the work of the Arellanos. 896 (S.D.Cal.1993). De recuperar la libertad, en Mxico le esperan una sentencia de 22 aos de crcel por narcotrfico . 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. It is alleged that Respondent was involved in criminal activities within the Arellano-Felix drug trafficking organization (hereinafter AFO). Quines son los narcojuniors reales de Narcos Mxico 3 - EL DEBATE 2d 455 (1972). Valdez and Martinez drove off in the white Volkswagen and Cruz and Contreras followed them in a navy blue Cutlass.[24]. "Narcos Mxico" temporada 3: las historias reales de los narcojuniors Quines son en la vida real los narcojuniors de la serie Narcos 3? Arnbjornsdottir-Mendler v. United States, 721 F.2d 679, 683 (9th Cir. 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"). This site is protected by reCAPTCHA and the Google, Southern District of California US Federal District Court. There is no legal support for a judicially created "humanitarian exception" in an extradition proceeding. [42] The response from Mexico indicates that closed proceedings related to General Rebollo are ongoing in Mexico and that Ruiz is a witness therein. *1214 (3) First Degree Murder of Jesus Gallardo Vigil and Jesus Sanchez Angulo in violation of Article 302; Article 303, Sections I and III, Article 315 and Article 320 of the Penal Code for the Federal District. "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. Cruz admitted his own involvement in the criminal activities of Valdez and the AFO and admitted that he was paid to assist them in killing the enemies of Ramon Arellano-Felix. In addition to being signed by extraditee's father, other family members similarly signed attesting to the authenticity and veracity of the document.
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