96mg 1828(AJB). [31] See discussion at page 1213, line ___, et seq. 00:15. There, Valdez told the group, "`The Baby' paid me off. EMILIO VALDEZ-MAINERO (1) Court: UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA. During the meeting, the group discussed their plans to kill enemies of their interests, including Amado Carillo, a rival drug trafficker. [28] See, IN THE MATTER OF THE EXTRADITION OF ALFREDO HODOYAN PALACIOS, U.S.D.C. On July 29, 1997, Respondent filed a Motion to Reopen Evidence in this matter. 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. 33. Appellant appealed the habeas corpus denial to the Second Circuit. Recanting statements are relevant in these proceedings as they affect probable cause. 330 (1913); Zanazanian v. U.S., 729 F.2d 624 (9th Cir.1984). Lastly, there is no authority that requires a magistrate judge to compel disclosure of explanatory information. The admissibility of Miranda's statement, as taken by Assistant United States Attorney Curiel, was previously discussed. Simmons v. Braun, 627 F.2d 635, 636 (2d Cir.1980). Magistrate No. This finding could be based upon the testimony of Miranda and Alejandro, alone. I Background denied, 494 U.S. 1017, 110 S. Ct. 1321, 108 L. Ed. The United States has also offered statements from interviews between Alejandro and federal agents in February of 1997 which are asserted to corroborate Alejandro's knowledge of the AFO and his willingness to cooperate. Alejandro's statements are based upon his personal knowledge due to his admitted involvement in the AFO and their activities. Peryea v. United States,782 F. Supp. one strange rock gasp quizlet New Lab; glider timetable dundonald park and ride; 12 gauge 100 round drum; The court, for reasons explained below, grants the petition, finding the detainee extraditable. There is no indication of any coercion or duress, and in fact, Miranda is given "use immunity" with regard to the statement. 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 . After the statements of September 27, 1996, a medical doctor examined Soto and found no traces of any recent physical wounds. 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. The two cars stopped in the village of San Mateo Atenco. Valdez _ the godfather of one of the Arellanos children _ was arrested in September in Coronado, Calif. An extradition hearing began Thursday for Valdez and another man. denied, 454 U.S. 894, 102 S. Ct. 390, 70 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 Court denied the motion.[3]. 1978). 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. 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. This resulted in the arrest of Valdez on September 30, 1996. [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. Otro de los reclutados fue Alfredo Hodoyan Palacios, quien era hijo de un empresario prominente en Tijuana. *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. [10] The firearms charge initially asserted by Mexico and related to the events on or about April 13, 1994 appears to have been abandoned. A full review of the evidence, however, is the provence of the trial court in the requesting nation. Valdez was a 2016 graduate of Warren Mott High School who had moved to Pontiac. [9] See ORDER DIRECTING THE FILING OF ADDITIONAL EVIDENCE filed October 23, 1997 (Docket No. Mr. Soto also provides a physical description of Respondent. 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. 3184, Argento v. Horn, 241 F.2d 258 (6th Cir.1957). 956 (1922), In re Locatelli,468 F. Supp. 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. In re Petition of France for Extradition of Sauvage,819 F. Supp. "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. Fue en una fiesta que conocieron a Emilio Valdez Mainero, hijo de un coronel que fue miebro de los guardias presidenciales. These latter efforts resulted in the formulation of the March 3, 1997 "declaration.". 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. Under 18 U.S.C. This document is submitted to be from the files in the prosecution of General Gutierrez Rebollo, by the Republic of Mexico, in Mexico. Curreri v. Vice, 77 F.2d 130, 132 (9th Cir.1935); Eain v. Wilkes, 641 F.2d 504, 510 (7th Cir.1981), cert. 1 Since there is no right of appeal from extradition orders, Valdez and Hodoyan filed petitions for writs of habeas corpus in . Los narcojuniors estudiaban en colegios particulares y pertenecan a familias acomodadas. [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). 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. 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. The documents were filed by Mexican authorities seeking extradition of two men -- Emilio Valdez Mainero, 32, and Alfredo Hodayan Palacios, 25 -- alleged to be hit men for the Arellano Felix brothers. ("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. 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. [4] As presented, the documentary evidence in this regard appears to supplement, not supersede, the previous filings of certified documents in support of the request for extradition. Discovery is not available in extradition proceedings. A great number of questions exist, and many questions remain unanswered in this case. In response to this evidence, Valdez offers statements of Gabriel Valdez, Marci Ramirez Marin de Gonzalez and Eva Marin viuda de Pena. Each "recantation" is essentially a denial of the former statement(s) in their entirety and an allegation of torture and abuse at the hands of the Mexican authorities. Explanatory evidence is allowed only if the evidence would, clearly, negate a showing of probable cause. Neely v. Henkel, supra. The document is not authenticated. The Department of States's opinion is entitled to deference. [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). 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. 54(b) (5). Oen Yin-Choy v. Robinson, 858 F.2d 1400, 1407 (9th Cir.1988). 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. These declarations bear even greater indicia of competency than the police reports accepted as competent evidence in Zanazanian. 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. California. The . 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 September of 2002, a Judge of the Federal Penal Processes in Mexico State found El Lobo, La Piedra and El Capitan guilty, and sentenced them all to . narcoseries Netflix. Support for its origin is suggested from a New York Times article[40]. [24] A Volkswagen was seen leaving the scene by eyewitness Juan Manual de la Cruz. As described herein, the Court does find that the Republic of Mexico has met the documentary and timeliness requirements of the Treaty. The Miranda statement provides competent evidence to support a finding of probable cause that Valdez was involved in the Gallardo and Sanchez murders of April 9, 1996. Article 3 of the Treaty says, in part: In this case, that means as defined in federal law. Buscar. The authority of a magistrate judge to conduct the proceedings is provided by 18 U.S.C. E. Alejandro Enrique Hodoyan Palacios On November 30, 1996, Alejandro Enrique Hodoyan Palacios (hereinafter "Alejandro") gave a deposition at the office of the Attorney General of the United States of Mexico. The Court is not limited in its receipt of this evidence by virtue of the lack of certification. Zanazanian v. United States, 729 F.2d 624, 626-27 (9th Cir.1984). The court, for reasons explained below, grants the petition, finding the detainee extraditable. Seeing no one in pursuit, Cruz followed the white Volkswagen in the navy blue Cutlass. Mexico also cites the medical examination of Soto following the September 27, 1996 statements concluding that there were no traces of any recent physical wounds. Specifically, Respondent asserts that evidence included in the second extradition packet should not be received or considered by the Court. 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. Respondent asserts that Soto lost an eye as a result of the torture used by Mexico to extract his statement[39]. [13] The documents themselves do not have to filed in court by the 60 day period, only received by the United States. He states that the reason that Gallardo was murdered was because he had allowed "Chapo Guzman" into the territory of Tijuana to deal drugs and push out Benjamin Arellano Felix. 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. 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. 13, 22 (D.Mass.1989). This issue was not challenged by the Respondent. October 21, 1996. La pequea y poco conocida . Among the young people recruited by Mexican drug trafficking were Emilio Valdez Mainero, son of a presidential guard, Alfredo . 18 U.S.C. Gonzalo Curiel was made by Emilio Valdez Mainero in a bugged conversation with a convicted cocaine trafficker and government informant . No applicable authority was presented on this point and prevailing authority as set forth herein supports this ruling. 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]. Mar. Tambin as reclutaron a Alfredo Hodoyan Palacios, hijo de un empresario de Tijuana, quien comenz a pasar droga sin levantar sospechas pues era . No charges have been filed against Anaya, and he denies the allegations. October 21, 1996. Background. His body was found in Osmun Lake in Pontiac on June 7, 2018 but no arrests were made until April 8 of this year. 563, 572 *1219 (S.D.N.Y. [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].

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