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. ``Take out your AK-47, and you are going to (expletive) him right now.. 956 (1922). In Matter of Extradition of Lui Kin-Hong,939 F. Supp. 3190. The videotaped deposition of Alejandro is the only credible evidence to demonstrate the circumstances under which Mexico's evidence was collected. de Sicor 1 Acdo. 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. No charges have been filed against Anaya, and he denies the allegations. 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. Finally, the Respondent is accused by Mexico of criminal association (conspiracy) in violation of Mexican law. Neely v. Henkel,180 U.S. 109, 21 S. Ct. 302, 45 L. Ed. A concern over the authenticity of the evidence offered by way of the Ruiz declaration is also present. Background. Gonzalo Curiel was made by Emilio Valdez Mainero in a bugged conversation with a convicted cocaine trafficker and government informant . Tras 20 aos en prisn "El Lobo" Hodoyn del Crtel Arellano Flix Specifically, their testimony is summarized as follows: A. Gerardo Cruz Pacheco, aka "Capitan," On October 12, 1996 at 1:00 p.m.,[23] Gerardo Cruz Pacheco, aka "Capitan," (hereinafter "Cruz"), made a signed statement before Alma Leticia Lares Tenorio, an agent of the Mexican Federal Public Prosecutor. D. Gilberto Vasquez Culebro, aka "Cachuchas" On September 30, 1996, Gilberto Vasquez Culebro (hereinafter "Vasquez") gave a statement to Jose Luis Juarez Garcia, an agent of the Mexican federal public prosecutor in Mexico City, Mexico. Elias v. Ramirez,215 U.S. 398, 30 S. Ct. 131, 54 L. Ed. 1028, 1049 (S.D.N.Y.1990); Republic of France v. Moghadam, 617 F.Supp. United States v. Wiebe, 733 F.2d 549, 554 (8th Cir.1984); Bozilov v. Seifert, 983 F.2d 140 (9th Cir.1992). Informacin de El Universal. "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. It was not until October 2, 1996 that Soto described the alleged torture to the judge in Mexico. The case against the juniors spilled into U.S. courts after the Sept. 30 arrest of Emilio Valdez Mainero, 32, the baby-faced son of a deceased Tijuana colonel. Several days went by before Cruz met with Valdez, Martinez, Contreras and Cabrera. Mar. 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. This latter evidence also results in a finding that any hostile action taken toward Alejandro and resulting in his disappearance and murder was more likely than not prompted at the direction of the AFO and not Mexico. En una de las fiestas conocieron a Emilio Valdez Mainero, quien era hijo de un coronel que fue miembro de los guardias presidenciales, cuando existan. (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. En esta temporada podemos ver lo que pasa despus de la cada de Miguel ngel Flix Gallardo, interpretado por Diego Luna. 30). De recuperar la libertad, en Mxico le esperan una sentencia de 22 aos de crcel por narcotrfico . In the Matter of the Extradition of Contreras,800 F. Supp. 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. See footnote 10. Seguir Leyendo "Siempre estaba preocupada por el avance de mi divorcio, me la pasaba marcando y visitando a mi abogado. [33] As such, it is argued that the statements were not credible, nor should they support extradition in this case. [22] The individuals related to this case are often referred to in the evidence by nicknames. Mexican officials wanted Valdez, 32, for allegedly gunning down an aspiring boxer over a personal grudge in 1996 at a Holiday Inn in the state of Mexico. 18 U.S.C. [27] Soto actually made a series of statements relative to this matter. Emilio Valdez - Lake Ridge Chapel & Memorial Designers La pequea y poco conocida . [9] See ORDER DIRECTING THE FILING OF ADDITIONAL EVIDENCE filed October 23, 1997 (Docket No. Prior to the June 30, 1997 evidentiary hearing on the extradition requests, there were numerous other filings by the United States and by counsel for the detainee as well as several status hearings. Sign up for our free summaries and get the latest delivered directly to you. [20] i.e. 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. Netflix lanz la ltima temporada de Narcos: Mxico, donde adems de los personajes que ya conocemos, hay UNA sorpresa: Bad Bunny. 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 Gallina, commissioner found the appellant subject to the extradition in Italy. Mexico contests the reliability of these recantations asserting that they are self serving, lacking in reliability and inadmissable as contradictory evidence. There, Valdez told the group, "`The Baby' paid me off. Treaties, by design, live well beyond the administration involved in their enactment. United States ex rel Sakaguchi v. Kaulukukui, 520 F.2d 726, 730-731 (9th Cir.1975). [28] See, IN THE MATTER OF THE EXTRADITION OF ALFREDO HODOYAN PALACIOS, U.S.D.C. Extradition of Kraiselburd, 786 F.2d 1395, 1399 (9th Cir.1986). According to testimony given to . Tijuana Cartel Escalates Violence Along Border 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 Federal Rules of Criminal Procedure and the Federal Rules of Evidence are not applicable in extradition proceedings. Los narcojuniors . Respondent also cites Title 18 U.S.C. The cohorts also said the Arellanos had on their payroll Mexican immigration agents who waved cocaine shipments across the border. [13] The documents themselves do not have to filed in court by the 60 day period, only received by the United States. 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. However, before we can indict evidence as tainted by the coercive effect of torture, satisfactory evidence must be presented. 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. October 21, 1996. This site is protected by reCAPTCHA and the Google, Southern District of California US Federal District Court. Fausto Soto Miller presented [15] The Treaty, in Article 11, and 18 U.S.C. Miranda's statement was given to an officer of this Court. 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. Ellos son los narcojuniors reales de Narcos Mxico 3 - Soy502 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. Recanting statements are relevant in these proceedings as they affect probable cause. Soto also explains the details of the alleged abuse visited upon him. 371. The court, for reasons explained below, grants the petition, finding the detainee extraditable. Valdez "hires young assassins who belong to Tijuana's upper class," according to the statement by Francisco Molina Ruiz, commissioner of Mexico's National Institute for the Combat of . *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. 3190 having been properly and legally certified and authenticated by Bruce A. Beardsley, principal counsular officer of the U.S. in Mexico. Finally, Respondent filed FINDINGS OF MEXICAN LAW EXPERT RODOLFO GASTELUM PEREZ RE: ABSENCE OF PROBABLE CAUSE; SYNOPSIS; AND CURRICULUM VITAE which asserted procedural, substantive and constitutional infirmities under Mexican law in the extradition request and in the arrest warrant. Hodoyan was taken into custody for carrying an AK-47 and some marijuana. Otros de los jvenes reclutados tambin fueron personificados en Narcos Mxico 3, por ejemplo Emilio Valdez Mainero, hijo de un guardia presidencial, quien conoci a Ramn Arellano en una . In Shapiro v. Ferrandina,355 F. Supp. Cruz also said he transported weapons used in Ibarras slaying. 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. Conoce a Kitty Paez, el narcojunior al que dio vida Bad Bunny este 2021 330 (1913); Zanazanian v. U.S., 729 F.2d 624 (9th Cir.1984). The Court is not limited in its receipt of this evidence by virtue of the lack of certification. These offenses are extraditable offenses under the extradition treaty between Mexico and the United States. The court has jurisdiction over the Respondents if they are before the court. 290 Brought to you by Free Law Project, . Tijuana Scions of Privilege Alleged to Be Drug Hit Men In the supplemental request for extradition filed in January, 1997, the facts supporting the firearms offense were related to the first degree murder of Mr. Gallardo and Mr. Sanchez alleged to have occurred on or about April 9, 1996. 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. ``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 fiesta que conocieron a Emilio Valdez Mainero, hijo de un coronel que fue miebro de los guardias presidenciales. I Background. An analysis of whether this Court should enact a humanitarian exception into foreign extradition begins with a recognition of the rule of non-inquiry. The Ninth Circuit has labeled the above statement from Gallina as speculation. 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. Two Mexican men to be extradited for drug-related murders Miranda was granted "use immunity" for giving the statement. 33. Martinez told Cruz that he would receive some money if Cruz would hold the 38 Super and the 9mm guns that they had used to kill Gallardo and Sanchez. Alfredo Miguel Hodoyn Palacios, (a) "Lobo" u "88" , fue detenido el 30 de septiembre de 1996, en San Diego California. Respondent also challenges compliance with the Treaty, and urges his release in these proceedings, relative to the "late filing" of certified documents in this case. En una de esas fiestas fue que conocieron a Emilio Valdez Mainero, quien era hijo de un coronel que fue . [8] Additional written argument was entertained from counsel and submissions in this regard were completed on October 14, 1997. 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. 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. Emilio Valdez - Phone, Address, Background info | Whitepages 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. [41] All of these individuals are described as "prisoners" in the statement. 96-1798-M. United States District Court, S.D. 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. emilio valdez mainero - polucon.com The matter proceeded to an extradition hearing on June 30, 1997 before the Honorable Anthony J. Battaglia, United States Magistrate Judge. Narcos Mxico 3: de Kitty Pez a los Arellano Flix - infobae [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). 000012 dated January 3, *1213 1997. Terlinden v. Ames,184 U.S. 270, 22 S. Ct. 484, 46 L. Ed. Soto is also asked of his desire to make a statement concerning the facts attributed to him in his statement. At approximately 9:00 p.m., the two cars arrived at the Holiday Inn, Toluca, Valdez and Martinez got out of the car. The witnesses all identify Respondent as the perpetrator in these regards. EMILIO VALDEZ-MAINERO (1) Court: UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA. Judge Attacked By Trump Has Long History of Serving His Country Valdez was ordered detained following arraignment. Emami v. United States District Court for N. District of California, 834 F.2d 1444, 1453 (9th Cir.1987). It is alleged that Respondent was involved in criminal activities within the Arellano-Felix drug trafficking organization (hereinafter AFO). 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"). United States v. Valdez-Mainero | CASE NO. 97cr1798 JM - Casemine 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. 'Narcos: Mxico 3' reparto: Quin es 'Kitty' Pez? Historia - RPP The papers have provided a behind-the-scenes look at an assassination already widely believed to be the work of the Arellanos. In the Matter of the EXTRADITION OF Emilio Valdez MAINERO. The magistrate judge need only determine whether there is competent evidence to justify holding the Respondent for trial, not whether the evidence is sufficient to justify conviction. MATTER OF EXTRADITION OF MAINERO - leagle.com Simmons v. Braun, 627 F.2d 635 (2d Cir.1980). 1274 (1913); Glucksman v. Henkel,221 U.S. 508, 512, 31 S. Ct. 704, 55 L. Ed. 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." 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. The document was written by Alejandro Hodoyan Ramirez, father of both Alejandro and Alfredo Hodoyan Palacios who is also an extraditee sought by Mexico. Under United States law, a conspiracy is an agreement among two or more persons to commit a crime. 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. Valdez shot and killed Gallardo as well as Sanchez who happened to be in the corridor at the time of Gallardo's murder. 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. 54(b) (5). [30] Respondent's Exhibits H, I and J, respectively, docket No. The Department of Justice shall prepare a certification consistent with this memorandum as required by 18 U.S.C. The others drove in a white Volkswagen. EMILIO VALDEZ MAINERO (hereinafter "Valdez" or "Respondent") 1 is accused by Mexico of having been involved with or committing various crimes in violation of . BATTAGLIA, United States Magistrate Judge. The two perpetrators escaped in a white Volkswagen. 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. 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. Soto recounted another incident in March, 1995, during which he was told by members of the AFO that Valdez and others participated in the assassination of a man named "Endir" who was the cousin of Manolo Rico. In the Matter of Extradition of Contreras,800 F. Supp. The March 3, 1997 date is taken from the first line of the document. Defense counsel was provided for Mr. Cruz Vasquez identifies himself as a member of the AFO and states that in March, 1996, he had several visitors to his home, including Respondent Valdez, Martinez, and co-extraditee Alfredo Hodoyan Palacios. [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. The magistrate's function is to determine whether there is "any" evidence establishing reasonable or probable cause. 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. R.Crim.P. 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"). [8] See RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION IN SUPPORT OF EXTRADITION filed September 29, 1997 (Docket No.
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