The matter proceeded to an extradition hearing on June 30, 1997 before the Honorable Anthony J. Battaglia, United States Magistrate Judge. Sebastian Gutierrez Jaime, Olga Patricia Gonzalez Garcia, Juan Manuel de la Cruz and Pablo Garcia Martinez. In the Matter of Extradition of Emilio Valdez Mainero,950 F. Supp. 1101(d) (3); and Fed. Cruz testified based upon his personal acquaintance with the individuals named in the statement, and his participation in various events and circumstances, as well as conversations, with the individuals involved. 23. [23] Cruz made several statements relative to this matter. They also indicated that their boss, Ramon Arellano Felix, would be pleased with the last job they had carried out. I Background. In the Matter of the Extradition of Contreras,800 F. Supp. Zanazanian v. United States, 729 F.2d 624, 626-27 (9th Cir.1984). [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. 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"). Citations Copy Citation. 44). [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). 96-1828 M, in The Matter of the Extradition of Alejandro Hodoyan Palacios, Docket No. 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. 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. Cruz identifies photographs numbered 53, 54 and 55, respectively as depictions of Respondent Valdez. As a result, the Court finds Treaty compliance in this respect and denies Respondent's request for release on this basis. [11] More fully identified as the "Criminal Code in local matters and for all the Republic in federal matters.". No. Respondent's request for discovery is denied. In re Petition of France for Extradition of Sauvage,819 F. Supp. Mr. Soto also provides a physical description of Respondent. *291 Michael Pancer, Law Office of Michael Pancer, San Diego, CA, for Emilio Valdez Mainero. The videotaped deposition of Alejandro is the only credible evidence to demonstrate the circumstances under which Mexico's evidence was collected. El Lobo was captured in the United States together with Emilio Valdez Mainero "El Radioloco", they were extradited to Mexico in January of 1998 and also sent to Altiplano at Almoloya de Juarez. 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. At approximately 9:00 p.m., the two cars arrived at the Holiday Inn, Toluca, Valdez and Martinez got out of the car. 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. The certified documents included diplomatic note 001831 dated November 25, 1996 from the Embassy of Mexico formally requesting the extradition of Respondent on the firearms and conspiracy charges. 611 (S.D.N.Y.1985). Through observation and discussion, he became privy to the knowledge set forth. In re Sindona,450 F. Supp. 33) which is similarly denied for the reasons stated. 526/2019. 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. The certificate is forwarded to the Department of State. Mexico did not produce a signed statement of Sergeant Ruiz or evidence of dates of arrest of the referenced witnesses. Terlinden v. Ames,184 U.S. 270, 22 S. Ct. 484, 46 L. Ed. ", "El 5 Segundos", Ricardo Gonzalez Leon, Ricardo Emilio Valdez Mainero and Emilio Ricardo Valdez. The purported March 3, 1997 declaration of Alejandro is false and its manner of production and presentation erode any potential reliability. 96mg 1828(AJB). [20] i.e. Miranda added that the motivation for assassination was that Gallardo had threatened Gabriel Valdez Mainero (Emilio Valdez Mainero's brother) with a firearm.[26]. Jhirad v. Ferrandina, 536 F.2d 478 (2d Cir.1976). Under Article 10(7) of the Treaty, the probable cause determination is to be made in accordance with the laws of requested party (here, the United States). 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. (5) The facts and the personal information of the person sought which will permit his identification and, where possible, information concerning his location; (6) A certified copy of the warrant of arrest issued by the judge or judicial officer [in Mexico]; and. 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. No applicable authority was presented on this point and prevailing authority as set forth herein supports this ruling. Mexico also takes the position that the statement is inaccurate and not properly certified or executed. BATTAGLIA, United States Magistrate Judge. [41] All of these individuals are described as "prisoners" in the statement. 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 Matter of Extradition of Contreras,800 F. Supp. 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. The two cars stopped in the village of San Mateo Atenco. In this regard, statements characterized as "recantations" were offered by Cruz, Soto and Hodoyan. Los narcojuniors . 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. When arrested, Gallardo said that the marijuana belonged to Benjamin Arellano Felix, which caused the issuance of an arrest warrant for Benjamin Arellano Felix. Opinion for Matter of Extradition of Mainero, 950 F. Supp. [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. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. Those issues will ultimately be resolved by the trial court, along with the sufficiency of the evidence regarding guilt. (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. The credible evidence, satisfies Mexico's burden in this respect[44]. En septiembre de 2002, el Juzgado Cuarto de Procesos Penales Federales en el Estado de Mxico (antes Juzgado Primero de Distrito . Sign up for our free summaries and get the latest delivered directly to you. Emilio Valdez Mainero was a boyhood buddy Mr. Hodoyan chose years later to be the godfather at his first daughter's baptism. 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. 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. ``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. Since the evidence was undisputed it is not detailed extensively herein. In the Matter of the EXTRADITION OF Emilio Valdez MAINERO. 777 (N.D.Cal.1985). The signs of injury included 16 irregularly circular scars, 17 circular scars and 3 small scars on the chest as well as a hematoma to the upper base of the nose and a circular bruise on the right chin. The others drove in a white Volkswagen. [43] The balance of the evidence, as noted, does not lead to the conclusion that Alejandro was under duress, nor, that the November 30, 1996 deposition is unreliable. The power to make treaties is constitutionally invested in the executive branch of the United States government. Finally, he contests the date of arrest. While the motion was denied, the Court did find good cause to order the production of further evidence described by the United States in its responsive papers as becoming available since the June 30, 1997 extradition hearing. While obviously nervous as he recounts the AFO's activities, there are no signs of physical abuse or manifestations consistent with psychological pressure or duress. "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. But federal prosecutors said that the information is valuable for this case and others, and that the mens credibility is proved by the way their stories fit together. Most of the cocaine entering the United States comes from Mexico, and most of it passes through the Arellanos undisputed turf _ Baja California, according to the Drug Enforcement Administration. Miranda also stated that in 1992, Valdez was in charge of cocaine trafficking, and that later, Valdez trafficked in 200 to 400 kilogram shipments of marijuana for the AFO. 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. He referred to Ibarras murder and seven other major assassinations in the past 15 months that remain unsolved. There is no corroborating evidence regarding the source, however. It is alleged that Respondent was involved in criminal activities within the Arellano-Felix drug trafficking organization (hereinafter AFO). According to testimony given to . Case Number: 97CR2149 JM (S.D. 830 (1911). 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. BATTAGLIA, District Judge. The law limits extradition to circumstances where the Treaty is in full force and effect. 1996) on CaseMine. One of the gang's leaders, Ramon Arellano Felix, was placed on the FBI's Most Wanted list in September. Garcia-Guillern v. United States, 450 F.2d 1189, 1192 (5th Cir. Article 3 of the Treaty says, in part: In this case, that means as defined in federal law. 371. [25] While there is no corroborating evidence outside of this declaration itself, that Mr. Curiel was in fact an agent of Mexico under the mutual legal assistance treaty, nor was a copy of that treaty provided, this evidence is received over respondents objection and pursuant to Article 10(6) of the Treaty and 18 U.S.C.

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