Martin Prior to searching the truck, U.S. customs officials had executed a search warrant on the warehouse and discovered metal boxes filled with cocaine and sealed inside wooden crates. Law enforcement officials also observed a Jeep Wagoneer at the Monterey Street house. The district court gave such an instruction in this case, and the government presented ample evidence that the conspiracy to launder money occurred after the effective date of 1956(h). Being a physician, I have to. However, with respect to counts 14 and 15, the record citations that he provides in support of this proposition do not indicate that the funds at issue were not exported to Matamoros, Mexico. Alberto Sicilia Falcon is his name. I remember hearing that he was a Satanist. charged with raping a maid in his own home and with extortion legitimate businessman, owned land in Mexico and lived quietly in Brownsville legendary drug kingpin Juan Garca Abrego instilled fear. Balderas' home. never know. United States v. Conley, 37 F.3d 970, 976-77 (3d Cir.1994). ), cert. In the whole scheme, six truck tractors, three truck trailers, B. Additionally, public records of a land transaction introduced at trial listed Garcia Abrego's wife as Maria del Carmen Olivella de Garcia. U.S. District Judge Ricardo But as a physician who prescribes the medication, I certainly know quite a bit about it. This court has held that these instructions adequately safeguard a criminal defendant when the government offers the testimony of a compensated informant. As of this [19][20], Following the arrest of Garca Abrego, Osiel Crdenas Guillen took over the cartel. The killing was not authorized by Garca Abrego, and a riot subsequently broke out, killing two members of the Gulf Cartel who were also incarcerated there. Law enforcement officials also seized ledgers at the Bass Boulevard residence indicating that cocaine had been shipped from the location on August 28, 1989, the same date as the seizure of cocaine at Krenek Road, and indicating that 645 kilograms of cocaine had been shipped at some point prior to September 29, 1989, which coincided with the size and date of the shipment seized from the Ridgeside residence on September 22, 1989. The high-security penitentiary is housed on the same sprawling complex in Colorado as the supermax but affords privileges and a new lifestyle that the supermax does not, according to a Bureau of Prisons handbook for inmates. Immediately after he left office, police arrested Ontiveros, 27. Carlos Rodriguez testified that Munguia transported cocaine for the drug organization with which he, Garcia Abrego, Medrano, and Malherbe were involved. campaign to sell their muckraking expose on Gulf cartel boss Juan Garcia The fact that the funds were seized before they actually passed from the United States into Mexico is irrelevant for purposes of 1956(a)(2)(A) because the statute also criminalizes an attempt[] to transport, transmit, or transfer a monetary instrument or funds from a place in the United States to or through a place outside the United States. 18 U.S.C. 2. The district court could thus properly conclude that Garcia Abrego's proposed instruction could have given the jury the mistaken impression that the prosecutor actually possesses the authority to reduce the sentences of government witnesses. 97-7630), and petition for cert. Mexico on February 28, 1997. Outlined below is the testimony that established the general framework of Garcia Abrego's organization. Abrego was extradited from Mexico to the United . sexual monster following the success of his and his wife's muckraking Foto: Especial. @MM: According to Ioan Grillo's book (2011, pg. The recordkeepers have, under criminal penalties in their own countries, asserted that the records are records kept in the course of business. Insofar as more direct efforts are concerned, DeLaO asked Garcia Abrego in a subsequent telephone conversation what had happened to the member of Martinez's group from whom he had acquired information. One court indicated that a CCE instruction similar to the one at issue here was erroneous because it failed to highlight the requirement of managerial authority. First, subsection (a) of 3505, which establishes the requirements for admissibility under the section, makes no reference to subsection (b), which establishes the notice requirement. bank. Lctor's father was named Ovidio Marroqun Salinas, so maybe they were cousins? He is wanted in the U.S. as a co-defender in the Juan Garcia Abrego case. Guerra manipulated Juan if you ask me. Este cabrn era sobrino de Guerra y una de sus promesas de campaa era que dejaran de robar carros en Matamoros. 2407, 2415, 85 L.Ed.2d 764 (1985). The admission of the foreign business records does not violate the Confrontation Clause so long as the records bear[] adequate indicia of reliability. Ohio v. Roberts, 448 U.S. 56, 66, 100 S.Ct. sentence was a symbolic gesture because of the brutality of the crime, Carlos Resendez testified that he engaged in the drug trafficking business with Garcia Abrego beginning in 1976 and later went to work for him in that business full time, continuing until his arrest in April 1994. Garca Abrego vivi su niez al sur de Texas, pero el narco siempre dijo que era ciudadano mexicano. 848. Juan Antonio Ortiz is a member of the Gulf cartel who worked for Juan Garcia Fiesta crowd to top 2.5 million despite rain canceling SpaceX will be ready for launch in six to eight weeks, Airport-to-downtown tunnel project still on the table, No one is driving this taxi. The indictment details how both of them worked very closely The cocaine was smuggled across the border and stockpiled in the Brownsville, Texas area. 3. 1956(a)(2). Garcia Abrego next contends, without explanation, that admission of the records violated Rule 404(b) of the Federal Rules of Evidence. El Chacho y otros eran una amenaza a su dominio en esas tierras.Respeto mucho tu trabajo MX, se que primero lo pones en el foro y ah est la gente ms truchas. This is a criminal subculture, said Donson, who worked in the federal prison system for 23 years. Rodriguez and his cohorts received their cocaine from the Medellin Cartel. We therefore reject this argument. Admission of the evidence did not violate Rule 403. He is a high-level cartel guy; he will gravitate to whatever gang has a previously established relationship with his cartel, and my guess is hell be a rock star.. Rivas also testified that, during a telephone conversation, Nieto told him that he had lost a load of cocaine at the Almeda-Genoa warehouse. Headquartered in Matamoros, Mexico, Garcia Abrego's organization was responsible for smuggling tremendous quantities of cocaine and marijuana into the United States from the mid-1970s to the mid-1990s. The record contains ample evidence from which the district court could conclude that the drugs that Mexican authorities administered to Garcia Abrego did not impair his mental capacity. Victor Manuel Felix Beltran. Finally, on Dec. 2, the drivers and one of the maids See Edwards v. Arizona, 451 U.S. 477, 484-85, 101 S.Ct. El Padrino of the Gulf Cartel. 4. Dealings, officials indicate, could be linked to drug Without sufficient pretrial notice of a party's intention to offer foreign business records, it would certainly be unfair to conclude that the party opposing the admission of such records has waived his or her objections to the admissibility of the records by failing to assert them pretrial. I understand. denied sub nom., 522 U.S. 1119, 118 S.Ct. "You're asking, 'Why did we See Fed. The following day gunmen shot their way into Raya Clinic, a private hospital, looking for Casimiro. San Antonio, Corpus Christi and Houston. Rep. No. In the ten-minute shootout that followed, 300rounds were fired and multiple innocent people were killed, including a security guard, a husband and child, and a bedridden woman. [4], Garca Abrego is widely known for innovating Mexican trafficking operations, turning them from smugglers into suppliers. Simply because a witness testifies truthfully does not mean that the prosecutor will file a 5K1.1 motion or Rule 35 motion on the witness' behalf. at 182 n. 3, 111 S.Ct. Indeed, it was about when the couple launched the It is highly questionable whether Garcia Abrego could have invoked his Fifth Amendment right to counsel at a point in time prior to custodial interrogation, particularly at a point when he was not even in the custody of U.S. officials. 17. 1241, 134 L.Ed.2d 419 (1996). for reasons authorities still cannot explain, he was never arrested. But neither of us are experts. As noted infra, (1) the government presented a great deal of evidence indicating that Garcia Abrego exercised managerial authority, both direct and indirect, over a large number of individuals and (2) Garcia Abrego does not contend that, during argument, the government urged the jury to convict Garcia Abrego of conducting a CCE based upon his association with individuals over whom he did not exert direct or indirect managerial authority. The arresting officer, an FJP commander, is believed to have received a bulletproof Mercury Grand Marquis and US$500,000 from a rival cartel for enacting the arrest of Garca Abrego. As indicated below, we conclude that, viewing the evidence in the light most favorable to the verdict, the jury could have concluded beyond a reasonable doubt (1) that Garcia Abrego was involved in a criminal conspiracy and (2) that the substantive drug offenses were committed in furtherance of the conspiracy. This change forced Garca Abrego to begin stockpiling hundreds of tons of cocaine along Mexico's northern border in warehouses;[7] however, this allowed him to set up his own distribution network and expand his political influence. See id. denied sub nom., 519 U.S. 1129, 117 S.Ct. Juan Garcia Abrego is known to be in possession of weapons; utilized bodyguards for his protection and has ordered the murders of his rivals in the drug business." . trafficker. This is FRONTLINE's old website. Garcia Abrego claims that insufficient evidence exists to support his convictions of money laundering in violation of 18 U.S.C. Obviously, 848 does not require that an individual work exclusively for the defendant in order to be considered the defendant's supervisee. It was later revealed to Garca Abrego that Martnez began moving planes through the region without paying the fee. Marroqun-Garca was arrested as he crossed the international border in October (ESS), which cancelled his sentence just as long as he did not violate any However, the matters that the statute requires that the certification address mirror the four requirements for rendering a normal business record admissible under the business records exception to the hearsay rule, none of which are case-specific. powerful Mexican drug lords therefore authorities assumed that the On April 9, 1993, Paulicastro delivered the cocaine in a rental truck to Francisco Segura. Garca Abrego, furious with the media attention that followed the riot, ordered the killing of Snchez for overstepping his authority and bringing unwanted attention to the cartel.[11]. Garcia Abrego argues that the government failed to prove that he derived substantial income from the sale of narcotics and that he organized, led, managed, or supervised five or more individuals. 6. From 1991 though 1994, Garcia Abrego remained in hiding and changed locations at least every few weeks and sometimes every few days. drivers and his maidservant wife, authorities here declared the The mere fact that law enforcement agents were solicitous and attempted to create a favorable climate for confession did not render Garcia Abrego's statement involuntary. Teresa Jardi, a former federal prosecutor who is now among Mexicos most prominent crusaders against the drug trade, disputed the authors theories. clearly no ordinary mob hit. Pursuant to Garcia Abrego's orders, Carlos Resendez acted as an intermediary through whom other members of the group, including Oscar Malherbe and Luis Medrano, went in order to meet with Garcia Abrego. Garca Abrego was convicted on 22 counts including money laundering, drug trafficking, intent to distribute and running an ongoing criminal enterprise. Furthermore, a conviction may be sustained solely on the basis of the testimony of a coconspirator-even a coconspirator who testifies on the basis of a plea bargain or promise of leniency-so long as that testimony is not incredible as a matter of law-that is, so long as it does not defy the laws of nature or relate to matters that the witness could not have observed. He faces the possibility of a bunk bed and a cell mate, instead of what amounted to solitary confinement. Balderas is a complicated figure. Specifically, he ordered individuals in his organization to pay Lopez Parra, a commander in La Procuraduria General de la Republica (the PGR), Luis Esteban Villalon, who was in charge of the federal police for northern Mexico, and Coello Trejo, the Deputy General for the PGR $1.5 million per month. Garcia, who survived a mass shooting, lost his son and wife in the shooting Friday night. Hinojosa allowed Garca Abrego to travel to Mexico for business purposes and The book launching itself was a high-profile event: Federal agents raided it to arrest a former federal drug agent, Ricardo Cordero Ontiveros. The United States Department of Justice would confiscate over US$53million between 1989 and 1993 that was being laundered through two corrupt American Express employees as proof of such large scale operations. The entire family was bludgeoned to death Tuesday night as Segn su f de bautismo, naci el 1 de septiembre de 1944 en Cameron, Texas. Gen. Antonio Lozano Gracia, himself was charged with taking bribes from drug traffickers. before the assassination. Garcia Abrego does not dispute that the government presented testimony from two of his coconspirators-Francisco Perez and Carlos Resendez-indicating that Garcia Abrego had used Valium habitually for many years. Additionally, Agent Hensley's testimony that, during the interview, Garcia Abrego made many of the same denials of particular episodes of criminal conduct that he had previously made to Hensley during the trip from Monterrey to Mexico City when no Valium was in his system indicates that the Valium injections had not diminished Garcia Abrego's mental capacity. Good observation. Resendez testified that Garcia Abrego met directly with Luis Medrano, Oscar Malherbe, and Sergio Checo Gomez regarding the narcotics trafficking business. Normally, although perhaps not in every case, the defendant must make a specific showing of prejudice to satisfy the affecting substantial rights' prong of the plain error inquiry. The district court erred in admitting expert testimony regarding the effect of habitual Valium use. Thereafter, U.S. law enforcement officials read Garcia Abrego his Miranda rights in Spanish, and he signed a form acknowledging that he understood his rights. 12. Nov.1981). Id. Thus, evidence of such acts constitutes intrinsic evidence-that is, direct evidence of the charged conspiracy itself. With no hope for justice, the two family chauffeurs U.S. Magistrate Frances Stacy read Abrego a 20-count indictment which accuses him of conspiracy, distributing 13 tons of cocaine into the United States and illegally laundering or transferring some $8.6 million. Tony Ortiz testified that he collected $60 to 70 million on behalf of the organization in New York and Houston and shipped it back to Matamoros. The people in the photo from left to right- Juan Nepomuceno Guerra- Scrates Campos Lemus (former AG of Mexico)- Juan Garca brego- Roberto Castillo Gamboa (lawyer)This is actually the only known photograph of Juan Nepomuceno Guerra, founder of the CDG. He also stated that he progressed to moving loads of cocaine ranging from 150 to 200 kilograms. Garcia Abrego initially challenges the admissibility of the foreign bank records under 18 U.S.C. The lone survivor of the massacre, the family driver, I hadnt heard anyone mention the crazy story of the abduction and murder of Mark Kilroy in 30 years when it was in the news. Never hurt or kidnapping innocent people. 1956(a)(1)(A)(i), three counts of money laundering in violation of 18 U.S.C. Section 3505 was not intended to add technical roadblocks to the admission of foreign records, but, rather, to streamline the admission of such records. United States v. Strickland, 935 F.2d 822, 831 (7th Cir.1991). Balderas, publisher of the weekly scandal sheet Cuarto later dropped his charges. La nacionalidad de Juan Garca brego estuvo en tela de juicio por su presunta nacionalidad estadounidense aunque siempre dijera lo contrario. Garcia Abrego used money from his drug operation to purchase large ranches in Soto La Marina, an area south of Matamoros. US$100,000. Perhaps he would have become a top enforcer Garcia Abrego also had Francisco Perez purchase clothing for employees of Trejo on a number of occasions. 9. After his return to Monterey, Garcia Abrego purchased several million dollars worth of properties, including ranches, which he used as hideouts. [E]vidence possessing particularized guarantees of trustworthiness' must be at least as reliable as evidence admitted under a firmly rooted hearsay exception [and] must similarly be so trustworthy that adversarial testing would add little to its reliability. Idaho v. Wright, 497 U.S. 805, 821, 110 S.Ct. The government gave notice that it intended to introduce the records on August 15, 1996. Thank you very much in advance. 3578, 3578. Therefore, the district court did not abuse its discretion in admitting the records on the ground that they were incomplete. 900, 133 L.Ed.2d 834 (1996), and vacated on other grounds, Moore v. United States, 519 U.S. 802, 117 S.Ct. On May 15, 1998, one of the lethal chauffeurs, recent years.). See Todd, 735 F.2d at 150. San Antonio first responders received the two calls within moments of each other Friday evening. See 18 U.S.C. at 1778. 1324, 137 L.Ed.2d 486 (1997); see also Garrett v. United States, 471 U.S. 773, 786, 105 S.Ct. 30. After decades at supermax, Mexican cartel capo gets transfer, SAPD calls: Body in flooded creek; man dead after hit by train. Coastal nonprofit's survey of SpaceX launch site details San Antonio eyes stickers in fight against domestic violence, Man accused of strangling neighbor to death in apartment, SA's last Tuskegee Airman buried at Fort Sam, Pedestrian killed in hit-and-run on Interstate 35 downtown. This court rejected the defendants' argument, noting that [n]o Fifth Circuit case has upheld a grant of immunity by a trial court, and our cases have strongly suggested, without specifically deciding, that courts lack such power under any circumstances. Id. The court sentenced Garcia Abrego to concurrent 240-month terms of imprisonment followed by concurrent 3-year terms of supervised release for the count of conspiracy to launder money and for each of the substantive money laundering counts. The gunman seemed intent on killing everyone, Garcia said. Therefore, the amount forfeitable as a result of the conspiracies is necessarily subsumed in the amount forfeitable as a result of the CCE. Some people believe that a clue to the murders may appear on However, as with the counts alleging violations of 1956(a)(1)(A)(i), we conclude that sufficient evidence exists to demonstrate that the offenses were committed by Garcia Abrego's coconspirators in furtherance of the conspiracy. In addition to the prison sentencing, Garca Abrego was forced to turn over millions in illegal proceeds. Garcia Abrego also argues that the records were inadmissible because some of them were incomplete. This court has not had occasion to determine what elements of proof are necessary to establish a violation of 1956(h). Garcia Abrego protected his business from interference from law enforcement by paying large bribes to Mexican law enforcement officials. Under the plain error standard, we may reverse only if (1) there was error (2) that was clear and obvious and (3) that affected [Garcia Abrego's] substantial rights. United States v. Dupre, 117 F.3d 810, 817 (5th Cir.1997), cert. When a defendant challenges the voluntariness of a confession, the government must prove its voluntariness by a preponderance of the evidence in order for the confession to be admissible as substantive evidence at the defendant's criminal trial. 19. 5:03 the mexican military have been corrupting the mexican government since Don Francisco I Madero became presidente and chose to disband the villistas and the zapatistas who won the revolution for him.amd for Mexico and to keep officially the mexican army as the government army even as it was.full of porfirista militarydefense secretary General Vctoriano Huerta was and Indian from Oaxaca, got brainwashed by US Ambassador with wisky and their grifa into betraying Madero and replacing him, general Manuel mondragon y Kalb also authorized the cuarteazo.and murders, mondragon y Kalb is also the grandpas of admiral manuel mondragon y kalb (alias "el karateka" of according to El Negro Durazo) who participated in the sudden kidnapping and disappearance of the 43 Ayotzinapos for EPN. On two subsequent occasions, Vega attempted to arrange to pick up the $100,000 in Houston, but did not receive it. 142, 136 L.Ed.2d 89 (1996); Bermea, 30 F.3d at 1577; United States v. Garfinkel, 29 F.3d 1253, 1259 (8th Cir.1994); United States v. Jackson, 845 F.2d 1262, 1265 (5th Cir.1988). killings were attributable in some way to Figueroa's book. United States law enforcement officials then interviewed him. Garcia Abrego next argues that the drugs that Mexican officials administered to him, coupled with the solicitousness of U.S. law enforcement officials, rendered his custodial statement involuntary. U.S. District Judge Ewing Werlein Jr. gave him 11 life sentences in 1997 and fined him $128 million. Se dice que el narco pact un acuerdo con la entonces Procuradura General de Justicia para negociar su arresto al asegurarle que no le quitaran sus bienes y su familia vivira sin ser molestada por las autoridades. Moreover, Garcia Abrego has demonstrated no overreaching by law enforcement officials, which, as noted earlier, is a prerequisite to a determination that a confession is involuntary for purposes of the Fourteenth Amendment Due Process Clause. Therefore, Garcia Abrego's conviction for violation of 1956(h) did not violate the Ex Post Facto Clause. Climate change sparks disaster fears, A powerhouse U.S. doctor slain in Sudan, killed for nothing, In final Mass in Budapest, pope urges Hungary to open doors, What GOPs plan for Medicaid work requirements would mean. Rule 404(b) provides as follows:Other crimes, wrongs, or acts. FRONTLINE reports from Iraq on the miscalculations and mistakes behind the brutal rise of ISIS. Garcia Abregos Texas lawyers and the Bureau of Prisons declined to comment on the transfer. trafficking. Based upon Vega's testimony that he acted at the behest of Malherbe and Medrano, the jury could reasonably conclude that the money laundering offense described in count 14 was committed by Garcia Abrego's coconspirators in furtherance of the conspiracy. His arrest in 1996 led to Osiel Cardenas Guillen and his brothers taking over the cartel. Garcia Abrego was upset by Sanchez's acting without authority because of the intense media attention that the riot caused. Lopez Olivares's statements to the press created pressure from law enforcement for Garcia Abrego. The hierarchy of Garcia Abrego's organization was firmly established. MEXICO CITY In the months that writer Yolanda family had been a victim of a narco hit. at 354, 112 S.Ct. 846, one count of conspiracy to launder money in violation of 18 U.S.C. See note 15, supra. Though he was in hiding, Garcia Abrego continued to meet with members of his organization to discuss the drug business. Among those on the list who stand out is D.Sufficiency of the Evidence Supporting the Substantive Drug Convictions. Law enforcement officers maintained surveillance on the Monterrey Street house until April 11, 1990. From the late 1980s until his arrest in 1996, the name of the his wife Yolanda Figueroa, and their three children on Thursday lying in pools of blood The fact that the evidence offered by the government consisted only of out-of-court statements accompanied by no physical evidence of murder merely goes to the weight of the evidence rather than its admissibility.22 We therefore conclude that the district court did not abuse its discretion in admitting testimony regarding Garcia Abrego's involvement in murders. The only evidence that the district court heard indicating mistreatment by Mexican authorities consisted of testimony and out-of-court statements from Garcia Abrego himself, and the court was free to make a negative credibility assessment regarding this evidence. was arrested but inexplicably released hours after Clinton's certification of Juan Garcia Abrego (CDG) serving 11 consecutive life sentences. 1956(c)(4)(A); see also Puig-Infante, 19 F.3d at 938. 316, 139 L.Ed.2d 244 (1997), and cert. (AP Photo/Brett Coomer) HOUCHRON CAPTION (08/07/2000): Juan Garcia Abrego, shown being escorted from the federal courthouse in 1996, was sentenced to 11 life terms, largely on the strength of testimony from a Mexican police commander who ha been paid $1 million. Additionally, Juan Ibarra was present when Vega picked up the money on May 3, 1991. death and cried "inconsolably" at one of his ranches. Section 846 has language virtually identical to the language of 1956(h).9 Neither the Supreme Court nor this court has had occasion to determine whether 18 U.S.C. Tony Ortiz testified that he had met Nieto at Medrano's home, where Nieto was meeting with Medrano to discuss cocaine transportation. Because the foreign bank records at issue here do not constitute statements made in the course of a judicial proceeding, their admissibility does not hinge upon the presence of the makers of the records to testify at Garcia Abrego's trial or a showing of their unavailability. in their stylish home in the Pedregal district of Mexico The man investigators believe transformed Mexico's backwoods marijuana trade into a huge cocaine business faces up to life in prison at his Jan. 31 sentencing. As a result of the killing, a riot broke out in the jail, killing two members of Garcia Abrego's organization. We therefore conclude that sufficient evidence exists to support Garcia Abrego's convictions of the substantive drug counts. Puig-Infante, 19 F.3d at 938 (internal quotation marks omitted). Investigators hope their questions about the attack will be answered by a lone survivor, the family driver. The court further concluded, based upon its interactions with Garcia Abrego as well as the testimony of law enforcement officials regarding the answers that Garcia Abrego provided in response to their questioning, that, at the time he waived his Miranda rights, Garcia Abrego was of keen mind, intelligent, able to understand what was transpiring and was under no type of coercion or government oppression. As demonstrated above, the record contains ample evidence to support these factual conclusions, and the district court could therefore properly conclude that the government carried its burden of proving by a preponderance of the evidence that Garcia Abrego knowingly, intelligently, and voluntarily waived his Miranda rights.

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