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Mexican law defines murder (or homicide) as taking the life of another (Article 302). Appellant then filed a writ of habeas corpus with the district court. 54(b) (5). In the Matter of Extradition of Contreras,800 F. Supp. The Secretary of State makes the ultimate decision on whether to surrender the Respondent. 18 U.S.C. Appellant appealed the habeas corpus denial to the Second Circuit. 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. 124 F.3d 1186, 1997 WL 624797 (9th Cir.). EMILIO VALDEZ MAINERO (hereinafter "Valdez" or "Respondent") 1 is accused by Mexico of having been involved with or committing various crimes in violation of . Discovery is not available in extradition proceedings. 2d 455 (1972). (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). 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. This is part of the framework created by case law in these proceedings. de Sicor 1 Acdo. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. Sebastian Gutierrez Jaime, Olga Patricia Gonzalez Garcia, Juan Manuel de la Cruz and Pablo Garcia Martinez. See footnote 25. Galanis v. Pallanck, 568 F.2d 234 (2d Cir.1977); Sayne v. Shipley, 418 F.2d 679 (5th Cir.1969) cert. The principle argument regarding changed circumstances is the existence of the practice of torture by Mexican authorities. [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. 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. [13] The diplomatic note related to the initial firearms charge[14] and the criminal association charge. Tras 20 aos en prisn "El Lobo" Hodoyn del Crtel Arellano Flix The court has jurisdiction over the Respondents if they are before the court. Bingham v. Bradley,241 U.S. 511, 517, 36 S. Ct. 634, 60 L. Ed. 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. They are under a compelled setting initiated by Mexican judicial authorities (as opposed to a self directed recantation by the declarants) and are no greater than a plea of not guilty when analyzed to similar proceedings under United States law. October 21, 1996. 1996) on CaseMine. Quinn v. Robinson, 783 F.2d 776, 789, 790 (9th Cir.1986). NARCOTRAFICO: DETENCIONES DE 1RA GENERACION DEL CAF - Blogger EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. The law limits extradition to circumstances where the Treaty is in full force and effect. He referred to Ibarras murder and seven other major assassinations in the past 15 months that remain unsolved. A significant portion of the mens statements were taken in Mexico by officials putting together the case against Valdez and his companion at the time of his arrest, 25-year-old Alfredo Hodoyan de Palacios. Conoce a Kitty Paez, el narcojunior al que dio vida Bad Bunny este 2021 There is no authority that exists that requires a magistrate judge to authorize compelled disclosures of explanatory information. Quines son los narcojuniors en los que est basada la historia . Anecdotes from the AFO (Ramon and Benjamin). I may have the - reddit [5] This Declaration is filed in Case No. The essential question is whether the indicia of reliability is on the recantation or the initial statement. Valdez relies on Gallina v. Fraser, 278 F.2d 77, 78 (2d Cir.1960), cert. Elias v. Ramirez,215 U.S. 398, 30 S. Ct. 131, 54 L. Ed. 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"). 3184, et seq. [45] The physical injuries to Cruz are certainly suspicious in this regard. Under that rule, "an extraditing court will generally not inquire into the procedures or treatment which await a surrendered fugitive in the requesting country." 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. 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. Under 18 U.S.C. 25. 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. 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. 1136 (1916); McNamara v. Henkel,226 U.S. 520, 33 S. Ct. 146, 57 L. Ed. 30). [11] More fully identified as the "Criminal Code in local matters and for all the Republic in federal matters.". Alejandro, who is the brother of extraditee Alfredo Miguel hodoyan Palacios aka "Lobo",[28] stated that his brother told him that Valdez and Martinez had participated in the murder of Gallardo at the Holiday Inn Hotel in Toluca. Seeing no one in pursuit, Cruz followed the white Volkswagen in the navy blue Cutlass. The Ninth Circuit has held that self incriminating statements of accomplices are sufficient to establish probable cause in an extradition hearing. Fabin Martnez remplaz en el cargo a Emilio Valdez Mainero, El CP, y adems compadre de Ramn Arellano Flix, luego que aqul fue arrestado en 1996 en San Diego, California, y condenado a 30 aos de prisin por delitos relacionados con trfico de cocana y herona hacia Estados Unidos. Treaties, by design, live well beyond the administration involved in their enactment. (5) There is probable cause that a crime or crimes were committed and that the Respondent participated in or committed them. 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. Quin era en realidad 'El Kitty', narcojunior al que da vida Bad Bunny All the victims were prosecutors or police commanders from Baja California who had investigated the Arellanos. Get free summaries of new Southern District of California US Federal District Court opinions delivered to your inbox! MATTER OF EXTRADITION OF MAINERO, (S.D.Cal. 1996) [37] Respondent criticizes Mexico for not filing this set of documents. 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. In Quinn v. Robinson, 783 F.2d 776, 815 (9th Cir.1986), the Ninth Circuit reaffirmed that hearsay evidence that would be inadmissible for other purposes is admissible in extradition hearings. The two perpetrators escaped in a white Volkswagen. [15] The Treaty, in Article 11, and 18 U.S.C. Gonzalo Curiel was made by Emilio Valdez Mainero in a bugged conversation with a convicted cocaine trafficker and government informant . Mar. 96mg 1828(AJB). [44] There are some inconsistencies in the testimony when various statements are compared, but these are not significant differences affecting this analysis. 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. 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 . 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. Emilio Valdez Mainero and Alfredo Hodoyan were linked to the Arellano Felix drug organization, which controls the lucrative drug corridor from Baja California into the United States. As a result, the accomplice argument does not negate reliability in this instance, nor does it defeat admissibility. The long list of challenges to the probable cause finding in Mexico and the other alleged infirmities are not fully set forth herein as the Court finds the opinions of Attorney Gastelum are irrelevant to these proceedings. The document was written by Alejandro Hodoyan Ramirez, father of both Alejandro and Alfredo Hodoyan Palacios who is also an extraditee sought by Mexico. 3184, Ward v. Rutherford, 921 F.2d 286, 289 (D.C.Cir.1990) and Rule 74 of the Local Civil Rules of the United States District Court of the Southern District of California. Miranda also declared that Valdez had told him he and Fabian Reyes Partida, aka "Domingo", (hereinafter Reyes) had assassinated Jesus Romero Magana because he was investigating Valdez' criminal activity. EMILIO VALDEZ MAINERO | DataJuridica.com There is no legal support for a judicially created "humanitarian exception" in an extradition proceeding. Beyond that, he reports preparing a letter of resignation from the Department of National Defense under torture. Judge Attacked By Trump Has Long History of Serving His Country Background. If the drafters of the Treaty had intended the judicial officer to consider the admissibility and weight of the evidence under the law of the requesting party (i.e. Seguir Leyendo "Siempre estaba preocupada por el avance de mi divorcio, me la pasaba marcando y visitando a mi abogado. 24). As noted previously, Respondent also offers the expert opinion of Rodolfo Gastelum Perez which has been excluded under the analysis previously set forth.[31]. Buscar. 18 U.S.C. 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. ``Take out your AK-47, and you are going to (expletive) him right now.. The purported recantation of Alejandro has been discarded with the indicia of reliability supporting the initial deposition. 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. Hodoyan was taken into custody for carrying an AK-47 and some marijuana. Support for its origin is suggested from a New York Times article[40]. Collins v. Loisel,259 U.S. 309, 317, 42 S. Ct. 469, 66 L. Ed. Alfredo Miguel Hodoyn Palacios, (a) "Lobo" u "88" , fue detenido el 30 de septiembre de 1996, en San Diego California. In Escobedo v. United States, 623 F.2d 1098, 1107 (5th Cir. [26] In Respondent's REPLY TO GOVERNMENT'S RESPONSE RE: EXTRADITION AND REQUEST FOR DISCOVERY (Docket No. Quines son los narcojuniors reales de Narcos Mxico 3? [8] See RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION IN SUPPORT OF EXTRADITION filed September 29, 1997 (Docket No. In response to this evidence, Valdez offers statements of Gabriel Valdez, Marci Ramirez Marin de Gonzalez and Eva Marin viuda de Pena. Background. 1980), the court refused to decide whether the accused might be tortured or killed if surrendered to the requesting nation because this argument raised an "issue that properly falls within the exclusive purview of the executive branch" Id. According to testimony given to . emilio valdez mainero - polucon.com [13] The documents themselves do not have to filed in court by the 60 day period, only received by the United States. As described herein, the Court does find that the Republic of Mexico has met the documentary and timeliness requirements of the Treaty. 3184, Argento v. Horn, 241 F.2d 258 (6th Cir.1957). The case against the implicated juniors spilled into U.S. courts after the Sept. 30 arrest of Emilio Valdez Mainero, 32, the baby-faced son of a deceased army colonel from Tijuana who, his widow . 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. Ultimately, the United States sought to stay the proceedings for an additional ninety (90) day period. But the deal fell apart when the other inmate couldn't pay the promised . *1209 *1210 *1211 *1212 Michael Pancer, Law Office of Michel Pancer, San Diego, CA, for Emilio Ricardo Valdez. 1978). Gonzalo Curiel was made by Emilio Valdez Mainero in a bugged conversation with a convicted cocaine trafficker and government informant . For this reason, Respondent's challenge in this regard is denied. 830 (1911). emilio valdez mainerospiral pattern printing in c. phillies front office salaries Miranda also identifies Respondent as the person depicted in various photographs reference as numbers 53, 54, 55, 73 and 74. 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 . Mexican prosecutors persuade California courts to send Alfredo Hodoyan Palacios and Emilio Valdez Mainero, alleged paid killers for a vicious drug ring based in Tijuana, back to Mexico to face . From Pampered Sons To Hit Men? - The Seattle Times At the time of the June 30, 1997 hearing, a typed translation of Alejandro's personal notes was offered. 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. The Department of States's opinion is entitled to deference. Soto also explains the details of the alleged abuse visited upon him. (2) Gustavo Miranda Santacruz. The Federal Rules of Evidence and of Criminal Procedure do not apply to an extradition hearing. 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. 33) which is similarly denied for the reasons stated. In Gallina, commissioner found the appellant subject to the extradition in Italy. 28). Argument, inference and innuendo is all that has really been presented here. In fact, the prevailing authorities are clear that: The decision to honor a request for extradition is "political", not "judicial". 970 (1925); the probable cause is sustained if competent evidence to establish reasonable grounds is presented, not necessarily evidence competent to convict. Specifically, the Court ordered the United States to file copies of videotapes of Alejandro Hodoyan's deposition; evidence including Respondent's statements regarding the circumstances surrounding the 1997 abduction of Alejandro Hodoyan and the genesis of the March 3, 1997 declaration by Alejandro Hodoyan;[5] and, all statements, recordings, transcriptions and memoranda of interviews by the assistant U.S. Attorney and federal agents of Alejandro Hodoyan. Support for the reliability of Soto's "recantation" (and by inference the other recantations) is offered by Respondent in an unsigned and uncertified declaration of First Seargent Vicente Ruiz Martinez, submitted on June 30, 1997 at the extradition hearing. Tijuana drug cartel may have targeted Gonzalo Curiel Miranda was granted "use immunity" for giving the statement. En una de esas fiestas fue que conocieron a Emilio Valdez Mainero, quien era hijo de un coronel que fue miembro de los guardias presidenciales, cuando an existan. *1218 Respondent has been accused by Mexico of murder in violation of Mexican law. These three were carrying short range firearms in a white Volkswagen. Mexico contests the reliability of these recantations asserting that they are self serving, lacking in reliability and inadmissable as contradictory evidence. Los narcos asesinan, se ren y despus se van a cenar Quines son los narcojuniors de Narcos Mxico en la vida real Emilio Valdez passed away Saturday, August 31, 2019. 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. United States v. Valdez-Mainero | CASE NO. 97cr1798 JM - Casemine MAINERO v. GREGG (1999) | FindLaw Specifically, Respondent asserts that evidence included in the second extradition packet should not be received or considered by the Court. (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. The United States filed certified documents in support of the extradition request at various times, the first of which was on December 4, 1996. In the Matter of Extradition of Contreras,800 F. Supp. Article 3 of the Treaty says, in part: In this case, that means as defined in federal law. 2D1.1 and reduced by two levels the offense level applicable to many drug trafficking offenses. Get free access to the complete judgment in MATTER OF EXTRADITION OF MAINERO, (S.D.Cal. Republic of France v. Moghadam,617 F. Supp. In re Petition of France for Extradition of Sauvage,819 F. Supp. narcoseries Netflix. EMILIO VALDEZ MAINERO (hereinafter "Valdez" or "Respondent") 1 is accused by Mexico of having been involved with or committing various crimes in violation of . [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. "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. This issue was not challenged by the Respondent. 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. Por Investigaciones ZETA. The credible evidence, satisfies Mexico's burden in this respect[44]. Cartel Suspect Admits Plotting Cocaine Deal - Los Angeles Times They also indicated that their boss, Ramon Arellano Felix, would be pleased with the last job they had carried out. The Extradition Hearing was continued on several occasions after the January 14, 1997 filing, with the consent of the parties, to allow for further preparation and response to the evidence. Article 11, Paragraph 3, provides that the provisional arrest "shall be terminated" if the United States does not receive the formal request for extradition and the necessary documents specified in Article 10 within 60 days after the detainee's apprehension. 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. "Lobo" Hodoyn obtiene libertad - Semanario ZETA According to the United States' submissions and consistent therewith at the hearings, Mexico seeks extradition of the Respondent for the Mexican charges identified above. In re Petition of France for Extradition of Sauvage,819 F. Supp. Todo lo que debes saber sobre los narcojuniors de "Narcos Mxico BATTAGLIA, United States Magistrate Judge. 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. [2] The warrant was issued on a Complaint charging Respondent with carrying a firearm exclusively reserved for the military in violation of Articles 160 and 162, paragraph 3, Criminal Code for the Federal District. 96-1798-M. United States District Court, S.D. California. 3187 allow for the provisional arrest and detention of a fugitive in advance of the presentation of formal proofs. En una de esas fiestas fue que conocieron a Emilio Valdez Mainero, quien era hijo de un coronel que fue . Probable cause exists to believe that the Respondent committed the offenses of homicide and criminal conspiracy as charged against him in Mexico. The request for discovery regarding Miranda was also submitted in RESPONDENTS SUPPLEMENTAL SUBMISSION RE: EXTRADITION AND REQUEST FOR DISCOVERY filed June 26, 1997 in Case 96-1828 (Docket No. No mention of torture or physical abuse is made. Bingham v. Bradley,241 U.S. 511, 36 S. Ct. 634, 60 L. Ed. "Narcos Mxico" temporada 3: las historias reales de los narcojuniors Ellos son los narcojuniors reales de Narcos Mxico 3 - Soy502 [48] Evidence submitted in this regard includes the "recantations" regarding the use of torture to extract statements from the witnesses as well as the alleged abduction of Alejandro. 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. 18 U.S.C. 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." [16] Further, it is not the responsibility of this Court to assess the probability that the requesting party will be able to secure a conviction. Soto extensively describes other, numerous criminal activities of the AFO. As indicated previously, the extradition hearing is not a trial, nor a criminal proceeding providing respondent with rights available in a criminal trial at common law. Narcos Mxico 3: Ellos son los verdaderos "narcojuniors" en los que The Courts have chosen to defer questions regarding the procedures or treatment that might await an individual on extradition to the executive branch because of its exclusive power to conduct foreign affairs. Emilio Valdez - Lake Ridge Chapel & Memorial Designers 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. 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. 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. 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). Mexico takes issue with the March 3, 1997 declaration, noting that it was not signed by the declarant, nor is part of an official proceeding or under penalty of perjury. 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. Quin era 'El Kitty', narcojunior interpretado por Bad Bunny? A certified copy of the extradition Treaty between the United States of America and Mexico of May 4, 1978 *1217 (TIAS 9656) was submitted by the United States in support of its position that the Treaty is presently in full force and effect. November 4, 1997. Mexican Tale: Drugs, Crime, Torture and the U.S. Valdez told Contreras, "Wait for me here and when you see us leave the parking lot in the white Volkswagen, make a wall so that we won't be followed". R.Crim.P. La historia detrs del ingreso de Bad Bunny a "Narcos: Mxico" - Mag.

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