As a society we cannot suspend that concept by virtue of the interest of a foreign nation in the extradition of an United States citizen, the heinous nature of the offense notwithstanding. emilio valdez mainero - polucon.com Zanazanian v. United States, 729 F.2d 624, 626-27 (9th Cir.1984). MAINERO v. GREGG (1999) | FindLaw These issues were analyzed under that premise. ("Cruz") In his October 12, 1996 statement, Cruz declared before an agent of the Mexican Federal Public Prosecutor that Valdez, Martinez and, Fabian Partiday, aka "Domingo," described to him crimes that they had committed, the firearms they used to commit the crimes, and the numerous cities in Mexico, in which they had committed crimes in furtherance of the goals of the AFO. Officials Link Ensenada Massacre to Drug Feud - Los Angeles Times Thus, it has been held appropriate to permit evidence that tends to obliterate probable cause but not evidence which merely contradicts the same. A full review of the evidence, however, is the provence of the trial court in the requesting nation. Valdez and Martinez drove off in the white Volkswagen and Cruz and Contreras followed them in a navy blue Cutlass.[24]. 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. Los narcojuniors estudiaban en colegios particulares y pertenecan a familias acomodadas. The allegations of torture supported by some of the self serving statements of the witnesses and some factual conflicts (i.e. Extradition of Mainero, Matter of, 990 F. Supp. 1208 - Casetext Respondent's request for discovery is denied. 2d 496 (1990). See Reply to Extraditees Response to Extradition Request and Request for Release, Page 8, lines 1-5, inclusive (Docket No. 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. A great number of questions exist, and many questions remain unanswered in this case. Cal. [37] Respondent criticizes Mexico for not filing this set of documents. Family and friends will gather for his funeral services at 10:00 am on Saturday, September 7, 2019 at Lake Ridge He also stated that it was Valdez who assigned him the code name "F7". The papers have provided a behind-the-scenes look at an assassination already widely believed to be the work of the Arellanos. 1992); Fed.R.Evid. The Federal Rules of Evidence and of Criminal Procedure do not apply to an extradition hearing. October 21, 1996. Finally, Valdez offers that Cruz, Soto, Alejandro and Vasquez[32] were subjected to torture, *1222 and were under duress at the time of the "alleged" statements. En septiembre de 2002, el Juzgado Cuarto de Procesos Penales Federales en el Estado de Mxico (antes Juzgado Primero de Distrito . In fact, the prevailing authorities are clear that: The decision to honor a request for extradition is "political", not "judicial". 290 Brought to you by Free Law Project, . Quines son los narcojuniors reales de Narcos Mxico 3? 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 complaint . The two perpetrators escaped in a white Volkswagen. Ultimately, Article 9 of the Treaty invests the "executive authority" with the final discretion.[17]. 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". They also indicated that their boss, Ramon Arellano Felix, would be pleased with the last job they had carried out. 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. 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. [2] An analysis under Parretti v. United States, 112 F.3d 1363 (9th Cir.1997) decided May 6, 1997 and amended August 29, 1997, well after the issuance of the provisional arrest warrant in this case, is unnecessary given the timely filing of the certified documents. 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. 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. Anecdotes from the AFO (Ramon and Benjamin). I may have the - reddit Kitty Pez, el narco real que interpreta Bad Bunny en 'Narcos Mxico 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. Soto's testimony is based upon his acquaintance with the individuals referenced in the statement, and his role as a cook residing at various times with these individuals. Emilio Valdez Mainero declara que en mayo de 1992, l, Arturo "Kitty" Pez Martnez, Fabin Martnez Gonzlez "El Tiburn", David Barrn Corona y Jorge Alonso, fueron a buscar para matarlo, a Ricardo Olmos; que despus que lo localizaron como usuario de un taxi, se emparejaron al vehculo y Valdez y Barrn descendieron del . Judge Attacked By Trump Has Long History of Serving His Country At the time, Emilio Valdez Mainero, a member of the Arellano Flix cartel, said in a bugged conversation with a inmate-turned-informant that he wanted to kill Curiel. 44). 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]. In fact, they are of relatively little evidentiary value herein and as such, an extended analysis is unnecessary. The United States filed certified documents in support of the extradition request at various times, the first of which was on December 4, 1996. November 4, 1997. 3184. United States District Court, S.D. En esta temporada podemos ver lo que pasa despus de la cada de Miguel ngel Flix Gallardo, interpretado por Diego Luna. 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. 000012 dated January 3, *1213 1997. The proper authority for the political decision here is, of course, the Secretary of State. The credible evidence, satisfies Mexico's burden in this respect[44]. In re Petition of France for Extradition of Sauvage,819 F. Supp. Respondent was afforded due process with a full opportunity to review and respond to the supplemental materials. In this regard, statements characterized as "recantations" were offered by Cruz, Soto and Hodoyan. Simmons v. Braun, 627 F.2d 635 (2d Cir.1980). De recuperar la libertad, en Mxico le esperan una sentencia de 22 aos de crcel por narcotrfico . [8] Additional written argument was entertained from counsel and submissions in this regard were completed on October 14, 1997. Kitty Pez, el narcojunior real que interpreta Bad Bunny en "Narcos R.Crim.P. It is also alleged that Respondent was in charge of cocaine and marijuana shipments for the AFO and as a leading member of the organization, was responsible for assigning code names to the other members. This issue was not challenged by the Respondent. 50). EMILIO VALDEZ MAINERO (hereinafter "Valdez" or "Respondent") [1] is accused by Mexico of having been involved with or committing various crimes in violation of . 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). 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. 24). Extradition of Kraiselburd, 786 F.2d 1395, 1399 (9th Cir.1986). 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. Court documents say the threat against assistant U.S. Atty. 96-1798-M. United States District Court, S.D. [41] The statement of Francisco Cabrera Castro, aka "Piedras" is offered in the Extradition of Alejandro Hodoyan Palacios, 96mg1828 AJB. Id. 1996) on CaseMine. [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. The right of confrontation,[46] specifically, has been held inapplicable, as have the Federal Rules of Criminal Procedure, and the Federal Rules of Evidence. The papers have provided a behind-the-scenes look at an assassination already widely believed to be the work of the Arellanos. 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 principle argument regarding changed circumstances is the existence of the practice of torture by Mexican authorities. [30] These statements challenge the "motive" for the Gallardo murder as stated by Cruz and Miranda. 1462, 1464 (S.D.Tex. Miranda added that the motivation for assassination was that Gallardo had threatened Gabriel Valdez Mainero (Emilio Valdez Mainero's brother) with a firearm.[26]. Buscar. Some federal and local officials said the mens statements are not credible because they are clear attempts to land a sweetheart deal. Those issues will ultimately be resolved by the trial court, along with the sufficiency of the evidence regarding guilt. [5] This Declaration is filed in Case No. El cantante interpreta a Arturo "Kitty" Paez, un sanguinario pero muy snob criminal . "The rationale is that such matters are to be determined solely by the executive branch." Covid-19 Mxico: Suman 218 mil 173 muertes y 1 milln 879 mil 713 personas se han recuperado | Cifras El director general de Epidemiologa, Jos Luis Aloma Zegarra, inform que se registran 21 mil 224 casos activos en el pas; se han aplicado 19 millones 951 mil 121 dosis aplicadas.. 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 certificate is forwarded to the Department of State. (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. 1971), cert. It was at one of the celebrations that they met Emilio Valdez Mainero, the son of a colonel who was once a member of the presidential guards.Later they contacted Alfredo Hodoyan Palacios, who was the son of a wealthy businessman from the city.Alfredo had been born and studied in USA, so it was easier for the drug to pass through the border without generating suspicion. Mexico more correctly characterizes the Ruiz statement as a summary of statements by Seargent Ruiz. 0. California. "Narcos Mxico" temporada 3: las historias reales de los narcojuniors 30), he requests discovery regarding the statement by Miranda. The murder and conspiracy offenses, above described, survive the Respondent's challenge. The personal notes and translation were offered to corroborate the declaration and the explanatory evidence with regard to Alejandro's testimony. There is no evidence, however, in this regard. These statements are also corroborated in significant part by Alejandro's declaration. In contesting the accuracy of the statement of the federal prosecutor, he "rejects" the alias described to him, the reported rank in the infantry, and claims that he does not belong to the Presidential General staff but to the Presidential Guards Corps. Respondent's discovery request in this regard is denied. "Lobo" Hodoyn obtiene libertad - Semanario ZETA The Court is not limited in its receipt of this evidence by virtue of the lack of certification. The Court finds that the videotapes do show a cooperating witness. After the statements of September 27, 1996, a medical doctor examined Soto and found no traces of any recent physical wounds. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. Respondent's role is alleged to have included, among other things, the planning and carrying out of assassinations of people perceived to be enemies of the AFO, including rival drug traffickers and law enforcement officials. At approximately 9:30 p.m. Valdez and Martinez encountered Gallardo whom Valdez planned to assassinate. Collins v. Loisel,259 U.S. 309, 315-317, 42 S. Ct. 469, 66 L. Ed. Valdez was a 2016 graduate of Warren Mott High School who had moved to Pontiac. B. Gustavo Miranda Santacruz On November 19, 1996, Gustavo Miranda Santacruz (hereinafter "Miranda") made a declaration before Assistant United States Attorney, Gonzalo P. Curiel, acting as Mexico's agent pursuant to a request under the mutual Legal Assistance Treaty that exists between Mexico and the United States. Id. Quin es Kitty Pez, el narcojunior que interpreta Bad Bunny en Narcos Emilio Valdez - Lake Ridge Chapel & Memorial Designers EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. Collins v. Loisel,259 U.S. 309, 316, 42 S. Ct. 469, 66 L. Ed. 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. Entre los narcojuniors reales de Tijuana tambin estaba Alfredo Hodoyan Palacios, hijo de un empresario prominente en la ciudad . 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. [19] Respondent's requests for cross examination of Petitioner's witnesses pursuant to Fed. The extradition proceeding is not a criminal trial nor is Respondent entitled to the rights available in a criminal trial at common law. This site is protected by reCAPTCHA and the Google, Southern District of California US Federal District Court. 28). When they reached Toluca, Valdez and Martinez stopped to make several telephone calls, at approximately 9:00 p.m. "Chef" ("Soto") In his September 27, 1996 declaration before an agent of the Mexican Federal Public Prosecutor, Soto recalled an incident in which Valdez, Ramon Arellano Felix and other members of his organization met at a house rented by Valdez in Mexico City. Mexican Tale: Drugs, Crime, Torture and the U.S. EMILIO VALDEZ MAINERO (hereinafter "Valdez" or "Respondent") 1 is accused by Mexico of having been involved with or committing various crimes in violation of . Respondent had indicated that a recantation by Vasquez would be filed, but no such document has been offered in evidence in this case. Print material from AMNESTY INTERNATIONAL has also been filed. 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. The Federal Rules of Criminal Procedure and the Federal Rules of Evidence are not applicable in extradition proceedings. 956 (1922). 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.

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