First, Garcia Abrego challenges the relevance of the evidence on the ground that nothing linked him to the bank accounts to which the documents related. 900, 133 L.Ed.2d 834 (1996), and vacated on other grounds, Moore v. United States, 519 U.S. 802, 117 S.Ct. At the border, Salazar told a Mexican Customs official that they worked for El Seor, and they were waived through. He was arrested in Mexico. 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. 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. children for revenge. Marroqun-Garca was arrested as he crossed the international border in October ), cert. As the district court observed, the government certainly [did] not act [] with diligence in giving [the] notice required by 3505(b). He was arrested . Abrego. Ortiz testified that his organization had "Fernando Balderas raped [the two maids] See United States v. Hurtado, 905 F.2d 74, 76 (5th Cir.1990). Sometime in late 1989 or early 1990, $10 million in bribe money from Garcia Abrego's organization failed to reach Coello Trejo. It is believed the Mexican government knew all Garca Abrego's whereabouts all along and had refused to arrest him due to information he possessed about the extent of corruption within the government. ), cert. Accordingly, admission of the financial records did not violate Rule 404(b). at 315.1. a. Garcia, who survived a mass shooting, lost his son and wife in the shooting Friday night. Thereafter, Garcia Abrego began demanding forty to fifty percent of Colombian traffickers' loads in exchange for the privilege of moving narcotics through the Matamoros area. [15], Two years after the 1984 clinic shoot out, Ernesto Flores, an editor for the Mexican daily newspaper El Popular, was executed. Scrates Amado Campos Lemus: Former high-ranking PGR official and head of the 68 student movement when he was younger.3. We therefore decline to resolve Garcia Abrego's Edwards claim. In a post-oral argument letter brief that, pursuant to court instructions, was to address only the adequacy of record support for arguments that had already been made, Garcia Abrego argues for the first time that his request for a lawyer while in the custody of Mexican authorities constituted an invocation of his Fifth Amendment right to counsel. denied, 522 U.S. 1063, 118 S.Ct. In order to avoid the strictures of Rule 404(b) [regarding the admission of character evidence], all the government need do is suggest a logical hypothesis of the relevance of the evidence for purposes other than to demonstrate [the defendant's] propensity to act in a particular manner. United States v. Krout, 66 F.3d 1420, 1431 (5th Cir.1995). Francisco Perez testified that Garcia Abrego told him that he had two Mexican officials killed because they were moving drugs without Garcia Abrego's knowledge or permission. Thank you! denied, 522 U.S. 1078, 118 S.Ct. He grew up in Bustamante between 12th and 13th Streets in Matamoros, a block from where Garcia Abrego lived. Garcia Abrego argues that he could not be convicted pursuant to the Pinkerton instruction because the district court dismissed the drug conspiracy count upon which the charge was based. 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. [21], In February 2010, Los Zetas engaged in a violent turf war against its former employer/partner, the Gulf Cartel, in the border city of Reynosa,[22][23][24] ren his family, preferred to speak face-to-face, and always carried a pistol.[25]. Marroqun Garca was then deported back to Mexico. and one of the victimized maids decided to kill the torturing couple. 26. bank. Though some of the 18 individuals indicted faced time in jail, See 18 U.S.C. 7. Juan Garcia Abrego is currently serving eleven life sentences in a U.S. jail for his drug trafficking. We therefore reject this argument. 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. Once led by Juan Garcia Abrego, it is now believed to be under the denied, 522 U.S. 878, 118 S.Ct. 14. Vega testified that he then went to Houston, met up with Oscar Abelenda, a cocaine dealer who was a customer of Ceballos. Internet findings will confuse him with Oscar Malherbe de Leon, but this is incorrect.5. The business records exception is a firmly rooted hearsay exception. Ismoila, 100 F.3d at 392. Count 2 was based upon the seizure of $4,012,549 on February 4, 1989 from a secret compartment in a van at Rapid Truck Repair in Houston. Balderas, publisher of the weekly scandal sheet Cuarto But the replacements like el mata amigos were not better and about the table scraps left by the likes of former governor, federal congressman and federal senator who has never been touched by the law, manuel cavazos lerma, who helped legislate the demise of PEMEX along with accused drug trafficking and accused money launderer Manlio Fabio Beltrones, "la fabis" la secretaria, don beltrone, who assisted former army captain and DFS founder Fernando Gutierrez barrios in all his crimes of state even before he came to likc carlos salinas de gortari's assDon Beltrone paid for getting his record cleaned on the US with "legislation" to fuck up PEMEX, for EPN's "Reforma Energetica" along with cavazos lerma. From there, Salazar's sister, Ninfa Lopez, drove Vega's vehicle, and Vega road with Salazar to the Mexican border. Depending on which source Garcia Abrego was upset by Sanchez's acting without authority because of the intense media attention that the riot caused. Matamoros, where it was later resold. El narco fue el responsable de que su to Nepo centrara sus recursos en el narcotrfico lo que le dej vivir con millones de pesos en sus bolsillos y morir en libertad por causas naturales, mientras que a Juan Garca brego le dej convertirse en uno de los primeros narcos ms poderosos al ser parte de la fundacin del Crtel del Golfo. In White v. Illinois, 502 U.S. 346, 112 S.Ct. While authorities assured residents that Tuesday's assault was an isolated incident, it gave a sobering peek at the strength of organized crime in this border city, where such Mafia violence has become rare since the fall of reputed kingpin Juan Garcia Abrego. In one of numerous mysteries in the case, it's not clear Mexico on February 28, 1997. 1978 auto theft charges were dismissed. drivers and his maidservant wife, authorities here declared the By Chivis 1/22/2017 10:44:00 AM. 1956(a)(1)(A)(i), which criminalizes engaging in a financial transaction involving the proceeds of an unlawful activity with the intent to promote a specified unlawful activity.4 For purposes of 1956(a)(1), a transaction is a purchase, sale, loan, pledge, gift, transfer, delivery, or other disposition or some action involving a financial institution or its facilities. United States v. Puig-Infante, 19 F.3d 929, 938 (5th Cir.1994) (quoting 18 U.S.C. It is home to the Unabomber Theodore Kaczynski, Boston Marathon bomber Dzhokhar Tsarnaev and former FBI agent Robert Hanssen, who was convicted of espionage. R. Evid. See United States v. Goff, 847 F.2d 149, 161 & n. 13 (5th Cir.1988); United States v. D'Antignac, 628 F.2d 428, 435-36 n. 10 (5th Cir.1980). Id. In addition, he points to Dr. Keraga's testimony that she [did not] imagine that he would have been able to understand his Miranda rights. Garcia Abrego next argues that admission of the foreign records violated his rights under the Confrontation Clause because he was unable to cross examine the custodian of the records. Therefore, Garcia Abrego's conviction for violation of 1956(h) did not violate the Ex Post Facto Clause. Why is Frank McCourt really pushing this? 3578, 3582 (emphasis added). Tijuana. 1892, 1902-03, 104 L.Ed.2d 487 (1989). Shortly after arriving in Houston, Garcia Abrego was released into United States custody and was taken to the Houston FBI office. Only if they were all like that. Revenge is the apparent motive, but 48), Alberto Sicilia Falcn "rotted" (died) in prison in Mexico after he was re-arrested in 1976. However, the Third Circuit has held that a conviction for violation of 1956(h) requires that the government prove the following three elements: (1)the conspiracy, agreement, or understanding to commit money laundering was formed, reached, or entered into by two or more persons; (2) at some time during the existence or life of the conspiracy, agreement, or understanding, one of its alleged members knowingly performed one of the overt acts charged in the indictment in order to further or advance the purpose of the agreement; and (3) at some time during the existence or life of the conspiracy, agreement, or understanding, the defendant knew the purpose of the agreement, and then deliberately joined the conspiracy, agreement or understanding. We have also noted that a witness who receives financial compensation in exchange for testimony has less of an incentive to testify falsely than a witness who testifies in exchange for a reduced sentence. 3505 (providing that foreign records meeting its criteria shall not be excluded as evidence by the hearsay rule); Sturman, 951 F.2d at 1490 (Section 3505 establishes an exception to the hearsay rule for foreign business documents.). Rivas testified that an individual he knew as Bono, whom an FBI agent identified as Jose Bernardo Nieto, had previously shown him the Almeda-Genoa warehouse and indicated that it was a potential delivery point for cocaine in Houston. Dear Netflix, there is no way in hell this is Matamoros (the scene is too pretty), the restaurant was Piedras Negras, not Restaurante Matamoros and there is no Sheriff de Brownsville #NarcosMexico2 . Garcia Abrego contends that the government's extensive use of incentives such as motions for downward departure pursuant to 5K1.1 of the Sentencing Guidelines, Rule 35 reductions in sentence, immigration permits, cash payments, and grants of immunity from prosecution to motivate many government witnesses to testify denied him his constitutional right to due process. Osiel Crdenas Guilln (born 18 May 1967) is a Mexican drug lord and the former leader of the Gulf Cartel and Los Zetas.Originally a mechanic in Matamoros, Tamaulipas, he entered the cartel by killing Juan Garca Abrego's friend and competitor Salvador Gmez, after the former's arrest in 1996. Francisco Perez testified that he showed Garcia Abrego a newspaper article reporting the Bass Boulevard seizure and that, in response, Garcia Abrego stated that the boys had goofed. Perez also testified that everyone in the drug trafficking organization, including Garcia Abrego, referred to Medrano and Malherbe as the boys. Resendez testified that he had a conversation with Garcia Abrego about the Bass Boulevard seizure. Reversal on the basis of a district court's rejection of a proposed jury instruction is appropriate only if the rejected instruction (1) is substantively correct, (2) is not substantially covered in the charge given, and (3) pertains to an important point in the trial such that failure to give the instruction impairs the defendant's ability to present a given defense effectively.
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