emilio valdez mainero
Hodoyan haba estudiado en una . [38] Specifically, Cruz was charged with homicide and Soto was charged with possession of various *1224 weapons, and a narcotics related offense (possession of marijuana). [19] Respondent's requests for cross examination of Petitioner's witnesses pursuant to Fed. 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 various activities included a number of incidents of transportation of illegal drugs and homicide. 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. 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. BATTAGLIA, District Judge. 24). Informacin de El Universal. There is no indication of any coercion or duress, and in fact, Miranda is given "use immunity" with regard to the statement. LOS NARCOJUNIORS. The principle argument regarding changed circumstances is the existence of the practice of torture by Mexican authorities. 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). 448 (1901). In the Matter of the Extradition of Contreras,800 F. Supp. There, Valdez told the group, "`The Baby' paid me off. Only the criminal association (conspiracy) and murder charges satisfy the dual criminality requirement for extradition. The record is overwhelming with eyewitness testimony,[20] autopsies and physical evidence from the scene to establish these facts. 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. 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. Specifically, Respondent sought "all witness statements submitted in General Gutierrez Rebollo's case to determine whether or not there is additional relevant testimony." Extradition treaties do not contemplate the introduction of testimony of live witnesses by the Respondent to contradict the demanding country's proof. 563, 572 *1219 (S.D.N.Y. 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. Demandado: Emilio Ricardo Valdez Mainero. 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. [41] All of these individuals are described as "prisoners" in the statement. [32] Respondent also argues that the statements of Francisco Cabrera Castro and Edgar Alejandro Gonzalez Gonzalez offered by Mexico were also "extracted" by torture. 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. Respondent's request for discovery is denied. 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. 442 (S.D.Cal.1990). Actually, this declaration is not signed by Alejandro, nor was it written by Alejandro. Quines son los narcojuniors en los que est basada la historia . Emilio Valdez - Lake Ridge Chapel & Memorial Designers 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. Si te preguntas quines son en la vida real los llamados narcojuniors de Narcos Mxico, serie de Netflix, se trata de al menos tres de los jvenes de familias acomodadas en Tijuana, Baja California, que se involucraron en temas de drogas y en especial con el Crtel de los Arellano Flix.Entre ellos, El Kitty Arturo Everardo Pez y los hermanos Hodoyan. 956 (1922), In re Locatelli,468 F. Supp. 000012 dated January 3, *1213 1997. Mexico Wins Extradition of Two Defendants From U.S. for Drug-Killing Appellant then filed a writ of habeas corpus with the district court. These individuals left his home the following day for Mexico City in a light grey Spirit automobile. 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 . Get free summaries of new Southern District of California US Federal District Court opinions delivered to your inbox! 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. 18 U.S.C. 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. *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. 330 (1913); Zanazanian v. U.S., 729 F.2d 624 (9th Cir.1984). Respondent's reliance upon Article 11, Paragraph 3, is misplaced. The witnesses all identify Respondent as the perpetrator in these regards. Mexican law defines murder (or homicide) as taking the life of another (Article 302). emilio valdez mainero - polucon.com The murder and conspiracy offenses, above described, survive the Respondent's challenge. Valdez, Martinez and Contreras, were carrying small weapons in a white Volkswagen. The suggestion of torture is certainly present in the record. The environment where the deposition was taken is not suggestive of any coercive circumstances. Fernandez v. Phillips,268 U.S. 311, 45 S. Ct. 541, 69 L. Ed. [24] A Volkswagen was seen leaving the scene by eyewitness Juan Manual de la Cruz. Extradition of Mainero, Matter of, 950 F. Supp. 290 | Casetext Search EMILIO VALDEZ MAINERO (hereinafter "Valdez" or "Respondent") [1] is accused by Mexico of having been involved with or committing various crimes in violation of . Columna. The extradition request and supporting documents are admitted into evidence during the hearing and the post hearing submissions are properly authenticated or otherwise admissible within the discretion of the Court. It was not until October 2, 1996 that Soto described the alleged torture to the judge in Mexico. [1] Valdez was identified or described at various times and by different persons or in documentary evidence with nicknames or aliases. 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." EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. El Cocinero confesses about FBI Top Ten Most Wanted's Arellano Felix 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. These latter efforts resulted in the formulation of the March 3, 1997 "declaration.". There is no authority that exists that requires a magistrate judge to authorize compelled disclosures of explanatory information. 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. This is part of the framework created by case law in these proceedings. The Second Circuit affirmed the denial of the habeas corpus petition. Hodoyan was taken into custody for carrying an AK-47 and some marijuana. 3187 allow for the provisional arrest and detention of a fugitive in advance of the presentation of formal proofs. 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. 526/2019. 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. United States v. Taitz, 130 F.R.D. 96mg 1828(AJB). The cohorts also said the Arellanos had on their payroll Mexican immigration agents who waved cocaine shipments across the border. November 4, 1997. Valdez moved the Court for release under the special circumstances doctrine. Valdez and Martinez then fled the Holiday Inn in the white Volkswagen. 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. Respondent asserts that Soto lost an eye as a result of the torture used by Mexico to extract his statement[39]. 1101(d) (3); and Fed. 25. Ramn Arellano Flix: As se vea Bad Bunny como parte de narcojuniors It is argued that Vasquez suffered similar mistreatment at the hands of the Mexican authorities and had recanted the statement attributed to him in Mexico's case in chief. The "recantations" from Cruz and Soto are in the form of testimony before a judge of the First District of Federal Criminal Proceedings in the State of Mexico. Matter of Extradition of Koskotas, 127 F.R.D. 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. 40). Two Mexican men to be extradited for drug-related murders On October 22, 1997, the Court issued an Order directing the United States Attorney to produce photographic evidence referenced in witness statements and related to the issue of the identity of Respondent. Miranda stated that the murder took place the first part of April 1996, at the Holiday Inn in Toluca. Mr. Soto also provides a physical description of Respondent. [16] Habeas corpus was subsequently granted, Kin-Hong v. United States,957 F. Supp. An injury to the anterior upper third of his right leg is claimed to have resulted from a fight with an unknown person. [22] The individuals related to this case are often referred to in the evidence by nicknames. 28). They also indicated that their boss, Ramon Arellano Felix, would be pleased with the last job they had carried out. In Zanazanian, the Ninth Circuit held that police reports which summarize the statements of witnesses are competent evidence, *1227 even though the same documents would be inadmissible hearsay in other contexts. 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. 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. The Court may act upon unsworn statements of absent *1223 witnesses, although they could not have been received by the judge under the law of the state in a preliminary examination. 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. Miranda declared that Valdez and Martinez committed the murder of Gallardo. 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. The Supplemental Complaint charged Respondent with criminal association under Article 164, paragraph 1 and Article 13, section 2 of the Penal Code for the Federal District. 1136 (1916); McNamara v. Henkel,226 U.S. 520, 33 S. Ct. 146, 57 L. Ed. Narcos Mxico 3: Ellos son los verdaderos "narcojuniors" en los que No applicable authority was presented on this point and prevailing authority as set forth herein supports this ruling. [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". Netflix lanz la ltima temporada de Narcos: Mxico, donde adems de los personajes que ya conocemos, hay UNA sorpresa: Bad Bunny. 18 U.S.C. The United States, in fact, complied with Article 11, Paragraph 3, by its initial filing of diplomatic note 001831, on November 25, 1996 with the U.S. Embassy in Mexico. Emilio Valdez Mainero met Ramn Arellano at a posada before Christmas 1986 in the Lomas de Aguacaliente neighborhood. Miranda also identifies Respondent as the person depicted in various photographs reference as numbers 53, 54, 55, 73 and 74. This resulted in the arrest of Valdez on September 30, 1996. Mexico also takes the position that the statement is inaccurate and not properly certified or executed. Cal. 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). [12] Statement of Gerardo Cruz Pacheco to an agent of the Federal Prosecutor on October 12, 1996. These individuals returned to Mr. Vasquez' home in April of 1996 and stated that they were running from the authorities because they had committed a homicide in Mexico City. 124 F.3d 1186, 1997 WL 624797 (9th Cir.). Matter of Extradition of Mainero, 990 F. Supp. 1208 - CourtListener Bruton v. United States,391 U.S. 123, 88 S. Ct. 1620, 20 L. Ed. Print material from AMNESTY INTERNATIONAL has also been filed. (5) There is probable cause that a crime or crimes were committed and that the Respondent participated in or committed them. Tras 20 aos en prisn "El Lobo" Hodoyn del Crtel Arellano Flix EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. 1971), cert. [6] The Court also directed the United States to request from Mexico, a signed statement of Seargent Ruiz and evidence of all dates of arrest after September 1, 1996 of witnesses Soto, Alejandro Hodoyan, Francisco Cabrera Castro and Gerardo Cruz Pacheco.[7]. Mexico has filed the videotapes, the evidence concerning Respondent's statements regarding the 1997 abduction of Alejandro Hodoyan and the genesis of the March 3, 1997 Declaration by Alejandro Hodoyan, as well as the statements by Alejandro to U.S. agents. Jhirad v. Ferrandina, 536 F.2d 478 (2d Cir.1976). The notes are identified by Augustin Hodoyan, Alejandro's brother. Gill v. Imundi,747 F. Supp. 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. 54(b) (5). EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. 2d 61 (1970). View phone numbers, addresses, public records, background check reports and possible arrest records for Emilio Valdez. Probable cause exists to believe that the Respondent committed the offenses of homicide and criminal conspiracy as charged against him in Mexico. emilio valdez mainero. One of the gang's leaders, Ramon Arellano Felix, was placed on the FBI's Most Wanted list in September. Cartel May Have Targeted U.S. Prosecutor - Los Angeles Times The videotaped deposition of Alejandro is the only credible evidence to demonstrate the circumstances under which Mexico's evidence was collected. [13] The documents themselves do not have to filed in court by the 60 day period, only received by the United States. Article 3 of the Treaty says, in part: In this case, that means as defined in federal law.