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. at 6, reprinted in 1984 U.S.C.C.A.N. Counts 3-10, 17, and 28 of Garcia Abrego's indictment charged him with violations of 21 U.S.C. Garcia, his slain wife and son and the other three victims Diana Velazquez Alvarado, 21; Julisa Molina Rivera . 3505, the Confrontation Clause, and several of the Federal Rules of Evidence. Un misterio es como, de donde, agarro fuerza OCG y para que los viejos lo aceptarn cmo el jefe. Segura was later arrested, and at that time he had in his possession a telephone book containing a code that Segura testified was given to him by Medrano for use in deciphering encoded telephone numbers given to Segura by group members. Count 15 was based upon the delivery of $1.463 million of the organization's money from Houston to Matamoros on September 26, 1991. 2. investigations. However, in the absence of any intervening Supreme Court or en banc circuit authority that conflicts with Cervantes-Pacheco-and Garcia Abrego has pointed to none-we are bound by our decision in that case. R. Evid. N.Admissibility of Foreign Financial Records. Indeed, it was not evidence of other crimes, wrongs, or acts at all. I know the one on the far left is Juan Guerra Nepomunicino. She added that she doubts that drug traffickers were responsible for the Figueroa family killings. His lawyer worked a deal that if he kept himself out of 29. the drug trade in Colombia. We address each of these arguments in turn. Fue jefe del Crtel del Golfo . 1084, 140 L.Ed.2d 141 (1998). When the Mexican government extradited Garcia Abrego . ISIS is in Afghanistan, But Who Are They Really? At this point, Medrano informed Rivas that Garcia Abrego was the boss and that he had to be told about the seizure. 1978 auto theft charges were dismissed. Therefore, we hold that the district court did not plainly err, if it erred at all, in its instruction to the jury regarding the CCE offense. From examining the contents it became known that the head of Federal Judicial Police (FJP) was receiving US$1million, force operations chief was receiving US$500,000 and the federal police commander of the Gulf Cartels base of operations in Matamoros, was receiving US$100,000. ISIS' growing foothold in Afghanistan is captured on film. On December 3, 1996, denied, 522 U.S. 902, 118 S.Ct. At most, this is a fact properly considered by the jury in determining the weight to give the records regarding this account in determining whether the funds in the account were traceable to Garcia Abrego. However, his conviction included an execution of sentence suspended Shortly thereafter, Mexican officials seized Garcia Abrego's ranches and other property in Matamoros. The district court's admission of foreign records of financial transactions into evidence violated 18 U.S.C. From this evidence, the jury could reasonably conclude that the drug offense described in count 4 was committed by Garcia Abrego's coconspirators in furtherance of the conspiracy. Garcia Abrego's inability to understand his Miranda rights rendered his custodial statement involuntary and therefore inadmissible on Fifth Amendment grounds. 98-907, at 2 (1984), reprinted in 1984 U.S.C.C.A.N. The fact that we have allowed the Miranda right to counsel, once asserted, to be effective with respect to future custodial interrogation does not necessarily mean that we will allow it to be asserted initially outside the context of custodial interrogation, with similar future effect.Id. The jury could reasonably conclude that Vega's purchase of the trash compactors and bags entailed a transaction within the meaning of 1956(a)(1). Law enforcement officers maintained surveillance on the Monterrey Street house until April 11, 1990. Vega testified that they then delivered the money to Matamoros. 857, 139 L.Ed.2d 756 (1998); see also United States v. Olano, 507 U.S. 725, 731-36, 113 S.Ct. But Rule 403 only excludes evidence that would be unfairly prejudicial to the defendant. United States v. Townsend, 31 F.3d 262, 270 (5th Cir.1994). El Capo del Golfo (1996 edition) | Open Library Q:All right. See Bermea, 30 F.3d at 1552. Copyright 2023, Thomson Reuters. 3505(c)(2). The government offered into evidence a recorded conversation between Vega and Ceballos to this effect. never served for rape, and for trying to extort account holders of a Thereafter, he would pay $1 million per year until the contract price was paid. ), cert. Rule 404(b) provides as follows:Other crimes, wrongs, or acts. The government gave notice that it intended to introduce the records on August 15, 1996. Already, the crime has undermined attempts to at 5, reprinted in 1984 U.S.C.C.A.N. [3] By the end of the 1980s and into the early 1990s, it was estimated Garca Abrego was smuggling over 300metric tons per year across the MexicoUnited States border. Count 28 was based upon the seizure of 1000 kilograms of cocaine that were delivered to the New Jersey warehouse of George Paulicastro, an individual who was cooperating with the DEA. Gen. Antonio Lozano Gracia, himself was charged with taking bribes from drug traffickers. In this case, the record contains evidence more than ample to support the jury's conclusion that Garcia Abrego engaged in a conspiracy that had as its objects the violation of federal narcotics and money laundering laws. He therefore contends that his later custodial statement at the FBI office was presumptively involuntary because he was not provided access to a lawyer prior to the statement. Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. Rodriguez and his cohorts received their cocaine from the Medellin Cartel. Benito Gonzales was the brother of Marcos Gonzales, who Tony Ortiz testified worked for him transporting cocaine. The district court could thus properly conclude that the instruction that it gave covered the substance of Garcia Abrego's proposed instruction.2 Therefore, the district court's rejection of Garcia Abrego's proposed jury instruction did not constitute an abuse of discretion. But oscar Lopez is witness protection Right? 841(a)(1) and (b)(1)(A), five counts of money laundering in violation of 18 U.S.C. 21 U.S.C. He also stated that he progressed to moving loads of cocaine ranging from 150 to 200 kilograms. More on Garcia Abrego, check out this documentary: Lictor Hazael Marroquin Garcia Death Certificate. He argues that, because he was denied the opportunity to offer similar incentives to obtain testimony, the adversarial process was skewed to an exceptional degree in the government's favor and that his constitutional right to due process was thereby violated. Sometime in late 1989 or early 1990, $10 million in bribe money from Garcia Abrego's organization failed to reach Coello Trejo. In this case, the district court ordered Garcia Abrego to forfeit an amount within the limits established by Congress. Seems trivial but I wonder if anyone else has heard of this as well? grisly murder binge. 4. Rep. No. R. Evid. 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. He started in the cartel under the tutelage of his uncle Juan Nepomuceno Guerra. Mexico Deports Alleged Drug Cartel Chief to U.S. 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. We have acknowledged that the government must observe certain procedural safeguards when it intends to offer testimony of a witness receiving some sort of compensation for his testimony. Our conclusion is bolstered by the fact that the statute requires district courts to exclude records otherwise satisfying its requirements if the source of information or the method or circumstances of preparation indicate lack of trustworthiness. 18 U.S.C. 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 indicated in Part III.N, infra, we reject his argument that the district court improperly admitted the foreign financial records. Garcia Abrego objected on the ground that Dr. Coleman ha[d] testified that he is not qualified as an expert in that area of practice. The district court overruled the objection on the ground that Dr. Coleman ha[d] practical experience sufficient to give his opinion. Dr. Coleman then testified that [s]omeone who has taken Valium for a long period of time, depending on the doses which he has been taking, may have some resistance to that medication and that such a person oftentimes can take dosages which are quite high and not manifest the typical symptoms of sedation of someone who does not use this medication.. The content here may be outdated or no longer functioning. international attention for his drug crimes and was branded by authorities as However, Hoffman testified that he took orders from Oscar Malherbe and Luis Medrano. Family, Crime: Author, husband and children were killed by You should consider that such a witness may be motivated to please the prosecutor, since only the prosecutor, not the defense lawyers, can help that witness obtain a reduction of his sentence. Though he was in hiding, Garcia Abrego continued to meet with members of his organization to discuss the drug business. Juan Garca brego fue condenado por las autoridades estadounidenses a purgar 11 cadenas perpetuas; sin embargo, no se le comprobaron varios asesinatos hechos por sicarios de su organizacin por lo que se salv de ser condenado a la pena de muerte. Failure by a party to file such motion before trial shall constitute a waiver of objection to such record or duplicate, but the court for cause shown may grant relief from the waiver. However, Dr. Coleman's statements to this effect establish nothing more than that Dr. Coleman may have been unfamiliar with the meaning of expert as a legal term of art. Garcia Abrego conclusorily argues that insufficient evidence existed for the jury to conclude beyond a reasonable doubt that he acted as an organizer, supervisor, or manager of five or more individuals in his narcotics trafficking activities. In essence, Garcia Abrego is challenging the district court's jury instruction on the CCE offense on the ground that it allowed the jury to convict him based upon a theory of liability that was not legally viable. San Antonio, Corpus Christi and Houston. for his drug trafficking. Ricardo Cordero Ontiveros said he foreign commerce. Vega told Ceballos that he would need $50,000 to have this done. An enclosure within the cell with bars, used for added . unrelated, attacked their accomplice Alejandro and left him for dead. Tony Ortiz testified that he transported cocaine into the United States at the direction of Luis Medrano. From a timeline perspective, he definitely crossed paths with notorious cult leader Adolfo Constanzo. Donna Julia is a woman who is not his wife and is involved in an extramarital relationship with him. El sanguinario y supersticioso narco que le tena miedo a los aviones Juan Garca brego, uno de los primeros narcotraficantes mexicanos en ser extraditado a Estados Unidos, ser uno de los . Guerra manipulated Juan if you ask me. Perhaps he would have become a top enforcer at 354, 112 S.Ct. 200, 139 L.Ed.2d 138 (1997). The following day gunmen shot their way into Raya Clinic, a private hospital, looking for Casimiro. The novelty of the statute is to admit the records without confrontation by the defendant with the recordkeepers. Indeed, he has not even alleged the existence of witnesses who would have been willing to testify in his favor had he been able to offer them incentives similar to those offered by the government. He confirmed that Figueroas husband, Fernando Balderas, had worked for the Mexico City prosecutors office as an advisor until two years ago. It is home to the Unabomber Theodore Kaczynski, Boston Marathon bomber Dzhokhar Tsarnaev and former FBI agent Robert Hanssen, who was convicted of espionage. In that case, the defendants argued that the government's granting immunity to its witnesses while denying immunity to [the defendants' prospective witness] skewed the evidence against [the defendants] and denied them a fair trial. Id. See Fed. 736, 116 L.Ed.2d 848 (1992), the Court clarified that Roberts stands for the proposition that unavailability analysis is a necessary part of the Confrontation Clause inquiry only when the challenged out-of-court statements were made in the course of a judicial proceeding. Id. Count 13 was based upon Vega's receipt of $50,000 from Alex Ceballos, the brother of Jesse Ceballos, at Carpet Masters on May 3, 1991. release of the book Fernando sexually abused two maids within their Comment. The district court's order of criminal forfeiture violated the Double Jeopardy Clause because it was based in part upon two counts of the indictment that constituted lesser-included offenses of another offense of conviction. In 1995 he became the first drug trafficker to ever be placed on the FBI's Ten Most Wanted List. Attorney who defended South Texas sheriffs and drug kingpins - KVEO-TV Bermea, 30 F.3d at 1552 (quoting Cervantes-Pacheco, 826 F.2d at 315). However, as indicated above, the district court had an ample basis for concluding that Garcia Abrego did not possess a vulnerable mental state capable of exploitation. 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. Mexican law enforcement officials arrested Garcia Abrego in Monterey, Mexico on the night of January 14, 1996. He also argues that, even if only one of the acts comprising the offense occurred before 1956(h)'s effective date, the Ex Post Facto Clause precludes applying the statute's harsher penalty provisions to the offense. 2. and who could have inflicted it. Juan Garca Abrego - Wikipedia this man got something like 7 life sentences and never snitchedhe did like 20 years at Florence dont make them like that anymorehe didnt kidnapp or extort either. Before addressing Garcia Abrego's claims regarding his custodial statement, a synopsis of the facts surrounding that statement is necessary. See United States v. Graewe, 774 F.2d 106, 108 (6th Cir.1985) (A [CCE] charge is a conspiracy charge, and one convicted of a CCE is subject to Pinkerton liability.).3. Stay up-to-date with how the law affects your life. The gist of Garcia Abrego's argument appears to be that he cannot be convicted of the substantive drug offenses on a coconspirator vicarious liability theory because the district court did not enter judgment convicting him on the drug conspiracy count even though the jury found him guilty on that count. A wonderful country like Mexico and guys rude it. In an effort to attack the admissibility of his confession from a slightly different angle, Garcia Abrego contends that he did not validly waive his Miranda rights prior to his statement to law enforcement agents at the FBI office. Some people might not like this but"my respects to that man". [13], Garca Abrego's reach became known when a United States Federal Bureau of Investigation (FBI) agent named Claude de la O., in 1986, stated in testimony against Garca Abrego that he received over US$100,000 in bribes and had leaked information that could have endangered an FBI informant as well as Mexican journalists. We disagree. Rafael Chao Lopez, "el chino chao" was from Mexicali, they were sure infiltrating Tamaulipas, he was also a gofer for RCQ and don Neto for tips amd table scraps even as a federal, then after Kiki Camarena got murdered he forgot the friendship. earnings. On Immediately after he left office, police arrested Ontiveros, The district court's admission of testimony that implicated Garcia Abrego in several murders violated Rules 403 and 404(b) of the Federal Rules of Evidence. The district court imposed a sentence consisting of concurrent terms of life imprisonment followed by concurrent five-year terms of supervised release for the CCE count and for each count of possessing cocaine with intent to distribute. incident; two weeks later, he attempted to bribe FBI agent Claude de la O with This evidence, combined with Tony Ortiz's testimony regarding his involvement in the overall conspiracy constitutes ample evidence from which the jury could reasonably conclude that the drug offense charged in count 17 was committed by Garcia Abrego's coconspirators in furtherance of the conspiracy. " Guerra said. From this point forward, law enforcement officials maintained constant surveillance of the van until the time of its seizure. Standoff at Matamoros - The New York Times He argues that the court's standard cautionary instruction that the jury should view the testimony of an accomplice or informer for pay or for immunity from punishment with greater caution than other testimony was insufficient to adequately instruct the jury on this issue. Ese era el negocio principal de El Cacho. plans and enthusiasm See United States v. Pipkin, 114 F.3d 528, 535 (5th Cir.1997). By Juan A. Lozano | AP. The district court erred in admitting expert testimony regarding the effect of habitual Valium use. 20. Romero, a city criminal prosecutor. 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. you read, he is depicted as an anti-drug crusader or corrupt The jury instruction regarding the organizer/supervisor/manager element of the CCE offense tracked the language of the Fifth Circuit Pattern Jury Charge, which provides as follows: The term organizer, supervisor, or manager means that the defendant was more than a fellow worker and that the defendant either organized or directed the activities of five or more other persons, whether or not the defendant was the only organizer or supervisor. Section 1956(h) provides as follows: Any person who conspires to commit any offense defined in this section or section 1957 shall be subject to the same penalties as those prescribed for the offense the commission of which was the object of the conspiracy. 466, 474, 116 L.Ed.2d 371 (1991) (noting that a conviction is invalid [w]hen jurors have been left the option of relying upon a legally inadequate theory [because] there is no reason to believe that their own intelligence and expertise will save them from that error). It's mostly a media misrepresentation since the so-called Matamoros "Narcosatnicos" practiced a distorted version of Palo Mayombe and Santera.