3188 for a similar proposition. Mexico more correctly characterizes the Ruiz statement as a summary of statements by Seargent Ruiz. 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. For the reasons set forth in footnote 32 an extended analysis of the recantation is not set forth, nor is the recantation viewed any differently than those of Cruz and Soto. [42] See RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION IN SUPPORT OF EXTRADITION (Docket No. Case Number: 97CR2149 JM (S.D. [5] This Declaration is filed in Case No. ("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. This document is submitted to be from the files in the prosecution of General Gutierrez Rebollo, by the Republic of Mexico, in Mexico. is indoor ice skating safe during covid; most common super bowl final scores; lynette woodard spouse; reelfoot lake fishing guides; emilio valdez mainero. Martinez instructed Contreras and Cruz to drive a navy blue Cutlass to the Holiday Inn in Toluca. The certificate is forwarded to the Department of State. 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. The papers have provided a behind-the-scenes look at an assassination already widely believed to be the work of the Arellanos. The allegations of torture supported by some of the self serving statements of the witnesses and some factual conflicts (i.e. He ended up in the hospital with gunshot wounds he said were inflicted by a member of the Arellano organization. The court has jurisdiction over the Respondents if they are before the court. Martinez told Cruz that he would receive some money if Cruz would hold the 38 Super and the 9mm guns that they had used to kill Gallardo and Sanchez. It is also alleged that Respondent was in charge of cocaine and marijuana shipments for the AFO and as a leading member of the organization, was responsible for assigning code names to the other members. In the Matter of the Extradition of Contreras,800 F. Supp. [33] As such, it is argued that the statements were not credible, nor should they support extradition in this case. Hodoyan was taken into custody for carrying an AK-47 and some marijuana. [23] Cruz made several statements relative to this matter. 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. The respondent offers a handwritten declaration of Alejandro, dated March 3, 1997, to document his being detained, interrogated and tortured. [41] The statement of Francisco Cabrera Castro, aka "Piedras" is offered in the Extradition of Alejandro Hodoyan Palacios, 96mg1828 AJB. 3190. Tambin as reclutaron a Alfredo Hodoyan Palacios, hijo de un empresario de Tijuana, quien comenz a pasar droga sin levantar sospechas pues era . January 1997: Hodin Gutierrez Rico, a . the arrest dates of Soto and Cruz), is unpersuasive as offered to totally obliterate probable cause under a Contreras analysis. Background. The Ruiz statement presents conflict with regard to dates of the arrest of some of Mexico's witnesses and is asserted to corroborate the use of torture in this case as well as create conflicts in Mexico's evidence in challenging the reliability of the evidence Mexico relies upon in this proceeding. [46] Respondent's repeated request to confront and cross-examine Mexico's witnesses under Fed.R.Crim.P. 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. Explanatory evidence is allowed only if the evidence would, clearly, negate a showing of probable cause. 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. Valdez, Martinez and Contreras, were carrying small weapons in a white Volkswagen. Mexico's evidence does support a finding of probable cause with regard to the criminal association charge. Jhirad v. Ferrandina, 536 F.2d 478 (2d Cir.1976). An extradition hearing is not a criminal proceeding and the person whose return is sought is not entitled to the rights available in a criminal trial at common law. See footnote 25. 1989), cert. [8] See RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION IN SUPPORT OF EXTRADITION filed September 29, 1997 (Docket No. The Court is not limited in its receipt of this evidence by virtue of the lack of certification. 2d 496 (1990). Concerning the murder and firearms charge, it is alleged that on April 9, 1996, at approximately 9:30 p.m., in the restaurant at the Holiday Inn in Toluca, Mexico, Jesus Gallardo Vigil, aka "El Bebe", (hereinafter "Gallardo"), and Jesus Sanchez Angulo (hereinafter "Sanchez") were shot and killed by Respondent and Fabian Martinez Gonzalez, aka "Tiburon", (hereinafter "Martinez"). 1462, 1469 (S.D.Tex.1992). Soto acknowledges having signed the statement as well as affixing his fingerprints. denied, 364 U.S. 851, 81 S. Ct. 97, 5 L. Ed. Beyond that, he reports preparing a letter of resignation from the Department of National Defense under torture. 50). As set forth in Footnote 26, the rights normally available in a criminal trial are not available in this proceeding. 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. denied, 405 U.S. 989, 92 S. Ct. 1251, 31 L. Ed. Cruz describes his mistreatment and torture at the hands of the Mexican authorities. This resulted in the arrest of Valdez on September 30, 1996. 563, 572 *1219 (S.D.N.Y. 1462, 1464 (S.D.Tex.1992). One of the gang's leaders, Ramon Arellano Felix, was placed on the FBI's Most Wanted list in September. Simmons v. Braun, 627 F.2d 635, 636 (2d Cir.1980). The principle argument regarding changed circumstances is the existence of the practice of torture by Mexican authorities. Article 3 of the Treaty says, in part: In this case, that means as defined in federal law. Mr. Valdez was referred to as "El Cabezon", "C.P. In re Petition of France for Extradition of Sauvage,819 F. Supp. 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. In this regard, statements characterized as "recantations" were offered by Cruz, Soto and Hodoyan. In addition to being signed by extraditee's father, other family members similarly signed attesting to the authenticity and veracity of the document. [30] These statements challenge the "motive" for the Gallardo murder as stated by Cruz and Miranda. According to testimony given to . 1 Since there is no right of appeal from extradition orders, Valdez and Hodoyan filed petitions for writs of habeas corpus in . The witnesses all identify Respondent as the perpetrator in these regards. [3] See Memorandum Decision Denying Bail Pending Extradition Proceedings filed 10/21/96 (Docket No. 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. at 1450-1451. 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. As earlier stated, the circumstances of Alejandro's testimony are not suggestive of torture, coercion or duress. The filing of certified documents permitted Mexico to go forward with the extradition proceeding under the Treaty. Esta clula del crtel de Tijuana volvi a la luz por la nueva temporada de la serie de Netflix The Court is sensitive to the practical and legal limitations on Respondent's ability to challenge the evidence in the extradition proceeding. The papers have provided a behind-the-scenes look at an assassination already widely believed to be the work of the Arellanos. The Ruiz statement also describes the "detention" of Alejandro and Francisco Cabrera Castro, aka "Piedras". The limitations of the judicial review at this stage of the proceedings, however, should not be an excuse to admit evidence presented without apparent foundation or any independent indicia of trustworthiness. Chapo Guzman gave marijuana to Gallardo so that he could move it into the United States, but afterwards, Chapo Guzman sent the Federal Police after him. Under that rule, "an extraditing court will generally not inquire into the procedures or treatment which await a surrendered fugitive in the requesting country." The magistrate's function is to determine whether there is "any" evidence establishing reasonable or probable cause. The Republic of Mexico seeks to extradite Valdez to answer the following charges: (1) Carrying a firearm exclusive to the Army, Navy and Air Force on or about April 9, 1996 in violation of Article 83, Section II, in accordance with Article 11, Section (b), of the Federal Law of Mexico on Weapons and Explosives;[10]. The contours do not lend themselves, nor invite the type of inquiry required to evaluate the humanitarian concerns of the magnitude suggested by Respondent. Hearsay evidence is admissible on behalf of the Respondent to establish the "obliteration" of probable cause. Attorney Gastelum's opinions are contradictory, at best, and excludable on that basis. Galanis v. Pallanck, 568 F.2d 234 (2d Cir.1977); Sayne v. Shipley, 418 F.2d 679 (5th Cir.1969) cert. The murder and conspiracy offenses, above described, survive the Respondent's challenge. Miranda infuriated his boss by refusing to do the hit because he had plans to go shopping with his family. In re Sindona,450 F. Supp. BATTAGLIA, United States Magistrate Judge. United States v. Wiebe, 733 F.2d 549, 554 (8th Cir.1984); Bozilov v. Seifert, 983 F.2d 140 (9th Cir.1992). 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." Respondent also challenges compliance with the Treaty, and urges his release in these proceedings, relative to the "late filing" of certified documents in this case. Neely v. Henkel, supra. *1229 The testimony of the various witnesses, including Miranda and Alejandro provide competent evidence for an assessment of probable cause to believe that the crime of criminal association (conspiracy) has been committed and that Respondent is involved therein. [31] See discussion at page 1213, line ___, et seq. 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). 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. According to testimony given to Mexican authorities, the Arellanos _ led by brothers Benjamin, Ramon, Javier and Francisco _ have been able to coordinate major assassinations with the aid of the attorney general of Baja California, Jose Luis Anaya Bautista. When the two cars arrived at the Holiday Inn in Toluca, Valdez got out of the white Volkswagen and told Contreras, "Be, cautious, wait for me here and when you see us going out from the parking lot in the white Volkswagen, you should form a `wall' so that we cannot be followed.". The videotaped deposition of Alejandro is the only credible evidence to demonstrate the circumstances under which Mexico's evidence was collected. [19]Neely v. Henkel,180 U.S. 109, 21 S. Ct. 302, 45 L. Ed. [29] Clearly, Alejandro's testimony is based upon his personal knowledge derived from his acquaintance with Respondent and the other individuals named and his discussion and observations in their presence. A great number of questions exist, and many questions remain unanswered in this case. Respondent urges that this Court decline extradition based upon a "humanitarian exception" in that he is likely to be tortured based upon his alleged relationship to the Arellano-Felix brothers. The notes are identified by Augustin Hodoyan, Alejandro's brother. The United States filed certified documents in support of the extradition request at various times, the first of which was on December 4, 1996. Challenges to the testimony of Cruz, Soto, Vasquez, Miranda and Alejandro based upon the argument that they are conclusory, unreliable hearsay, and unreliable as presented by alleged codefendants or co-conspirators are rejected. For this reason, Respondent's challenge in this regard is denied. [15] The Treaty, in Article 11, and 18 U.S.C. These three were carrying short range firearms in a white Volkswagen. 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. Emilio Valdez Mainero was a boyhood buddy Mr. Hodoyan chose years later to be the godfather at his first daughter's baptism. 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. The magistrate judge need only determine whether there is competent evidence to justify holding the Respondent for trial, not whether the evidence is sufficient to justify conviction. Among the young people recruited by Mexican drug trafficking were Emilio Valdez Mainero, son of a presidential guard, Alfredo . Valdez relies on Gallina v. Fraser, 278 F.2d 77, 78 (2d Cir.1960), cert. This issue was not challenged by the Respondent. Ante una posible enfermedad terminal, Benjamn Arellano Flix pretende obtener una liberacin humanitaria, y no pagar la pena de 25 aos de prisin en Estados Unidos. Respondent also asserts that not only have the governing administrations changed in Mexico and the United States since the 1978 signing of the Treaty, but the purpose and intent of the parties is materially different from what it was at the time the Treaty was signed. 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 Henain Meza Castaos, Gustavo Miranda Santa Cruz y Fabin Martnez. En 1995, su reinado lleg a su fin. 124 F.3d 1186, 1997 WL 624797 (9th Cir.). [10] The firearms charge initially asserted by Mexico and related to the events on or about April 13, 1994 appears to have been abandoned. The papers have provided a behind-the-scenes look at an assassination already widely believed to be the work of the Arellanos. The court, for reasons explained below, grants the petition, finding the detainee extraditable. *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. 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. The interests of Mexico were represented by the United States through the United States Department of Justice, by United States Attorney Alan D. Bersin and Assistant United States Attorney Gonzalo P. Curiel. The document is not authenticated. 1983). 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. [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). United States v. Taitz, 130 F.R.D. Gerardo Cruz Pacheco, a former presidential security guard, told Mexican officials he helped the gunmen escape after the Holiday Inn murder by forming a wall of cars as they drove off. The Court denied the motion.[3]. If reliable, the recantations and the Ruiz statement would be evidence which would undermine the voluntariness of the statements offered by Mexico in their case in chief, and as a result, the evidence in support of probable cause for extradition. See Reply to Extraditees Response to Extradition Request and Request for Release, Page 8, lines 1-5, inclusive (Docket No. Alejandro provides an unrestrained narrative discussion of various events and circumstances, prompted by periodic questions and all simultaneously recorded in an office on CPU's. The document was written by Alejandro Hodoyan Ramirez, father of both Alejandro and Alfredo Hodoyan Palacios who is also an extraditee sought by Mexico. Miranda's testimony is not only generally consistent with the statements of others, but is based upon his acquaintance and involvement with the individuals described therein. [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. A Supplemental Complaint was filed and Respondent was arraigned thereon on October 16, 1996. Fed.R.Evid. Finally, the scope of admissible evidence in an extradition hearing is guided by the distinction between contradictory and explanatory evidence. The Ninth Circuit has labeled the above statement from Gallina as speculation. There is no evidence, however, in this regard. 96mg 1828(AJB). [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. United States ex rel Sakaguchi v. Kaulukukui, 520 F.2d 726, 730-731 (9th Cir.1975). After the statements of September 27, 1996, a medical doctor examined Soto and found no traces of any recent physical wounds. There was no mention of the lost eye in the medical exam performed by the Republic of Mexico or during the court proceedings where the alleged recantation took place. Connect with the definitive source for global and local news. He also stated that it was Valdez who assigned him the code name "F7". The March 3, 1997 date is taken from the first line of the document. 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. 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. [47] Alejandro's testimony also implicates his brother concerning the involvement with the AFO, which relates to the pending extradition of Alfredo Hodoyan-Palacios, 96mg1828(AJB). There is no legal support for a judicially created "humanitarian exception" in an extradition proceeding. 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. La pequea y poco conocida . There is no prohibition against hearsay in the extradition context because the Federal Rules of Evidence, which proscribe hearsay, do not apply to extradition. ``Wear black clothes, the man, Gustavo Miranda Santacruz, said he was told by his superior. 00:15. Quines eran los narcojuniors reales de Tijuana? 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. Under United States law, a conspiracy is an agreement among two or more persons to commit a crime. Background. Mr. Valdez became a top operative in the organization, arranging drug shipments and assassinations, the Mexican and American police have charged in court. At the time of the June 30, 1997 hearing, a typed translation of Alejandro's personal notes was offered. 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. 44). Por Investigaciones ZETA. United States v. Manzi, 888 F.2d 204, 206 (1st Cir. Lee tambin "Narcos Mxico 3": Bad Bunny ser un narcojunior del Cartel de Tijuana. 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. [11] More fully identified as the "Criminal Code in local matters and for all the Republic in federal matters.". Respondent also argues that Alejandro was abducted in the Spring of 1997 by representatives of Mexico which corroborates Mexico's alleged use of inappropriate force and means to secure evidence in this case. (3) Fausto Soto Miller. In the Matter of the EXTRADITION OF Emilio Valdez MAINERO. The Federal Rules of Evidence and of Criminal Procedure do not apply to an extradition hearing. 24). As a result, the Court finds Treaty compliance in this respect and denies Respondent's request for release on this basis. Extradition treaties do not contemplate the introduction of testimony of live witnesses by the Respondent to contradict the demanding country's proof. Another court has correctly characterized the above sentence from the Second Circuit as "dicta." En esta temporada podemos ver lo que pasa despus de la cada de Miguel ngel Flix Gallardo, interpretado por Diego Luna. [44] There are some inconsistencies in the testimony when various statements are compared, but these are not significant differences affecting this analysis. There is no indication of any coercion or duress, and in fact, Miranda is given "use immunity" with regard to the statement. Id. 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. 30). 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 . The admissibility of Miranda's statement, as taken by Assistant United States Attorney Curiel, was previously discussed. 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. 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. 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. Ejecutivo Mercantil Autr. As noted previously, Respondent also offers the expert opinion of Rodolfo Gastelum Perez which has been excluded under the analysis previously set forth.[31]. [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. 934 (D.Mass.1996). Valdez was a 2016 graduate of Warren Mott High School who had moved to Pontiac. 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. Defense counsel was provided for Mr. Soto for purposes of his testimony. [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. The . 18 U.S.C. The environment where the deposition was taken is not suggestive of any coercive circumstances. Twenty-eight days after he took office, Ibarra, along with two government agents and a taxi driver, was gunned down in a cab outside Mexico Citys airport. *1218 Respondent has been accused by Mexico of murder in violation of Mexican law. Alfredo Miguel Hodoyn Palacios, (a) "Lobo" u "88" , fue detenido el 30 de septiembre de 1996, en San Diego California. The evidence tying Valdez to the murder of Gallardo and Sanchez itself, given the numbers of other individuals involved, supports the criminal association charge. It is also notable, that the sum total of the evidence showed Alejandro's Declaration regarding torture and abuse to be contrived in its derivation. [37] Respondent criticizes Mexico for not filing this set of documents. Specifically, Respondent sought "all witness statements submitted in General Gutierrez Rebollo's case to determine whether or not there is additional relevant testimony." 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. October 21, 1996. A few seconds passed and then he saw the white Volkswagen speed out of the parking lot. According to the United States' submissions and consistent therewith at the hearings, Mexico seeks extradition of the Respondent for the Mexican charges identified above. Mexico does acknowledge that there is an investigation ongoing concerning the actions of General Rebollo and his associates, and that the investigations include the "possible" unlawful detention of suspects. In fact, the prevailing authorities are clear that: The decision to honor a request for extradition is "political", not "judicial". [26] In Respondent's REPLY TO GOVERNMENT'S RESPONSE RE: EXTRADITION AND REQUEST FOR DISCOVERY (Docket No. No. De acuerdo con un artculo del periodista Jess Blancornelas, publicado en 2002 . 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. There is no evidence to suggest that the United States no longer honors the treaty or that its purpose and intent are no longer served. Alejandro's statements are based upon his personal knowledge due to his admitted involvement in the AFO and their activities. denied, 494 U.S. 1017, 110 S. Ct. 1321, 108 L. Ed. Mexico also argued that the document was not certified as required by the treaty and would be presumptively inadmissable. Elias v. Ramirez,215 U.S. 398, 30 S. Ct. 131, 54 L. Ed. 3190 having been properly and legally certified and authenticated by Bruce A. Beardsley, principal counsular officer of the U.S. in Mexico. Mr. Soto was privy to certain events and conversations forming the basis of his knowledge. Neely v. Henkel,180 U.S. 109, 21 S. Ct. 302, 45 L. Ed. de Sicor 1 Acdo. Id. In this regard, Respondent cites Article 11, Paragraph 3 of the Treaty. Finally, he contests the date of arrest. 253 (1910); Rice v. Ames,180 U.S. 371, 21 S. Ct. 406, 45 L. Ed. Arnbjornsdottir-Mendler v. United States, 721 F.2d 679, 683 (9th Cir. [37] These statements were taken in open Court, at the time that Cruz and Soto were arraigned on charges filed against them by the Republic of Mexico and based upon the statements given to the public prosecutor. Id. That conclusion is based on the following analysis. [8] Additional written argument was entertained from counsel and submissions in this regard were completed on October 14, 1997. Sebastian Gutierrez Jaime, Olga Patricia Gonzalez Garcia, Juan Manuel de la Cruz and Pablo Garcia Martinez. El recordado criminal perteneca a los Narcojuniors, una clula del crtel de Tijuana que sale a relucir en la nueva temporada de la serie de Netflix. Court documents say the threat against assistant U.S. Atty. Actually, this declaration is not signed by Alejandro, nor was it written by Alejandro. Court documents say the threat against assistant U.S. Atty. 937 (D.Vt.1991); Jhirad v. Ferrandina, 536 F.2d 478 (2d Cir.1976). Under 18 U.S.C. emilio valdez mainero. It is asserted that the videotapes demonstrate Alejandro's demeanor and rebut the assertion that Alejandro testified as a result of any torture or duress. In that statement, Cruz was noted to have suffered multiple burns which were attributed to an incident several days before when he was inspecting the exhaust pipe of a vehicle.
