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at n. 3 (citations omitted); see also Goodwin v. Johnson, 132 F.3d 162, 180 n. 14 (5th Cir.1997). [12] In an article published in the Mexican daily El Financiero it was alleged Garca Abrego had infiltrated 95% of the Attorney General's Office. Romero, a city criminal prosecutor. Born in Reynosa, he grew up with Jos Garca Abrego, the younger brother of Juan Garca Abrego, the head of the Gulf cartel. the Murderpedia project stay alive. He was sentenced by presiding judge Ewing Werlein, Jr., to 11 consecutive life terms, and is currently incarcerated at USP Hazelton in Preston County, West Virginia. sentence was a symbolic gesture because of the brutality of the crime, In 1989, Claude was removed from the case for unknown reasons, retiring a year later. Vega testified that, in January 1991, he met with Luis Medrano and discussed building a frozen food warehouse that would be used to distribute cocaine. He therefore contends that his convictions for the substantive drug offenses cannot stand because insufficient evidence exists to prove that he is directly liable for these offenses-that is, insufficient evidence exists for the jury to conclude beyond a reasonable doubt that he actually or constructively possessed the cocaine in question with intent to distribute it. Committee on Pattern Jury Instructions, District Judges Ass'n Fifth Cir., Pattern Jury Instructions (Criminal Cases) 239 (1997). be both the operations manager and chief hit man for the cartel. in Matamoros in 1987 along with corrupt policeman Toms Morlet Borquez. 12. He remains jailed in Tijuana. I wrote the Wikipedia article for Mark Kilroy. Yolanda Figueroa, a prominent Mexican journalist, her husband and three He was quickly extradited to the United States, where he stood trial eight months after his arrest. See Edwards v. Arizona, 451 U.S. 477, 484-85, 101 S.Ct. at 6, reprinted in 1984 U.S.C.C.A.N. Alejandro Perez de la Rosa -- the driver -- regained consciousness he Two days later, Lopez drove the truck to a residence in Brownsville on Monterey Street. In the early 1980s he began incorporating cocaine into the cartel's trafficking operations. Day of the Dead up until his arrest in 1996. 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. Saul Hernandez-Rivera, a reputed drug trafficker who was killed outside a bar An FBI agent testified that, prior to this seizure, law enforcement officials intercepted a telephone conversation between Tomas Gringo Sanchez and Hilario Gonzales. He testified that he then drove the money to the Rio Grande Valley, where he met Carlos Salazar. This court has observed that [n]o practice is more ingrained in our criminal justice system than the practice of the government calling a witness who is an accessory to the crime for which the defendant is charged and having that witness testify under a plea bargain that promises him a reduced sentence. United States v. Cervantes-Pacheco, 826 F.2d 310, 315 (5th Cir.1987) (en banc). Examination of the recordkeepers by counsel for [the defendant] could not reasonably be expected to establish anything more or less than that. Because the amount that the district court ordered him to forfeit was based upon his engagement in a CCE as well as his engagement in a conspiracy to possess narcotics with intent to distribute and a conspiracy to import narcotics, he argues that the forfeiture violates the Double Jeopardy Clause. 200, 139 L.Ed.2d 138 (1997). Serving life in prison just got a little easier for Gulf Cartel godfather Juan Garcia Abrego. between 2 September and 11 October 1978, Garca Abrego and seventeen other From this evidence, the jury could reasonably conclude that the drug offense charged in count 6 was committed by Garcia Abrego's coconspirators in furtherance of the conspiracy. The search for a Texas man who allegedly shot his neighbors after they asked him to stop firing off rounds in his yard . Insufficient evidence supported Garcia Abrego's convictions of the substantive drug offenses. 2204, 115 L.Ed.2d 158 (1991),We have in fact never held that a person can invoke his Miranda rights anticipatorily, in a context other than custodial interrogation [. In circumstances in which many acts in a continuing offense occurred before the effective date of the statute criminalizing the continuing offense, the trial court must inform the jury of the effective date of the statute and instruct the jury that, in order to convict the defendant of the offense, it must find that the offense continued after the effective date of the statute. Investigators probing the brutal slaying of a prominent author and her family said Friday that revenge--by drug traffickers or personal enemies--is among the possible motives for a crime that has shocked the Mexican capital. Interesting how Garcia Abrego has done a lot of years while . In 1984. 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. Garca Abrego permitted him to do so in exchange for US$200k per airplane flying through the region. Meet the New Characters of 'Narcos: Mexico' Season 2 in First Teaser In United States v. Miller, 830 F.2d 1073, 1078 (9th Cir.1987), the Ninth Circuit rejected a Confrontation Clause challenge to the admission of foreign bank records under 3505. In the mid-1980s, Carlos Resendez, who had begun working for Garcia Abrego full time, set up a meeting between Garcia Abrego and Fernando El Aguacate Martinez, another drug trafficker who sought permission from Garcia Abrego to move cocaine through the Matamoros area. 26. Teresa Jardi, a former federal prosecutor who is now among Mexicos most prominent crusaders against the drug trade, disputed the authors theories. Only if they were all like that. Those are legal terms that refer to motions filed by the prosecutor to reduce the sentence of a witness based on the witness' cooperation and substantial assistance to the government in the arrest or prosecution of another individual. Marroqun-Garca drove the vehicle to Use Next and Previous buttons to navigate. Admission of the evidence did not violate Rule 403. The court observed that the only situation in which due process even arguably warrants a judicial grant of immunity to a defense witness is a situation in which the government abuses its power to grant immunity to such a degree that it denies the defendant a fair trial. 18. The chief investigator added that some ties to drug traffickers also are among the suspected motives, adding that detectives are looking into it carefully. But Romero provided no additional details. It is definitely a positive thing for an inmate. The DEA considers the Gulf Cartel one of the largest in Mexico. Police suspect the killers may have targeted Balderas for his activities while working with the prosecutors office. Until the transfer, the capo once known for wearing baseball caps and Rolex watches did all his time in the prison nicknamed supermax for its tough security. This is all that is necessary to render the evidence legally relevant. Birthplace: Saltillo, Nueva Extremadura, Reino de Nueva Espaa. 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. [5][6] The exact date of succession is unknown; however, law enforcement officials recall an incident on January 27, 1987, when Toms Morlet, former officer in an elite Mexican police force turned national trafficker, exchanged harsh words with Garca Abrego and was later found, shot twice in the back in the doorway of Guerra's Piedras Negras Restaurant. Casimiro died the following day due to injuries sustained in the shoot out. The hypothetical question itself was obviously not the basis of Dr. Coleman's opinion. An enclosure within the cell with bars, used for added . The indictment stated that Marroqun-Garca met with Garca Abrego and three For approximately two decades, Juan Garcia Abrego was the hub of a narcotics smuggling syndicate of staggering dimension. 7:47 don juan n Guerra's saw the truck shit comming and he chose to step aside, garcia abrego chose to stay and fight too long. Count 18 of Garcia Abrego's indictment charged him with conspiracy to launder money in violation of 18 U.S.C. Juan Garcia Abrego (CDG) serving 11 consecutive life sentences. 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. Rather, he contends that due process', fundamental fairness and an accused's meaningful right to some parity in the compulsory process of witnesses will [not] tolerate a system that permits only one side of the adversary process to utilize non-reciprocal incentives to entice witnesses. This court rejected a virtually identical argument in United States v. Thevis, 665 F.2d 616 (5th Cir. Garcia Abrego was upset by Sanchez's acting without authority because of the intense media attention that the riot caused. stealing vehicles. The vehicles departed. Cheers. In support of its contention that Garcia Abrego derived substantial revenue from his drug trafficking activities, the government offered foreign bank records pertaining to approximately $30 million that it contended was transferred from Mexico to the United States, deposited in bank accounts in McAllen, Texas, and then funneled through the American Express Company to accounts in Switzerland and the Cayman Islands. 2536, 2540-41, 81 L.Ed.2d 425 (1984); see also United States v. Halper, 490 U.S. 435, 450, 109 S.Ct. 1956(a)(2). Some people might not like this but"my respects to that man". Conspiracy is a continuing offense. I understand. The testimony regarding the murders supports this hypothesis. Garcia Abrego levels a number of attacks at the district court's admission of these records. Attorney who defended South Texas sheriffs and drug kingpins - KVEO-TV From this point forward, law enforcement officials maintained constant surveillance of the van until the time of its seizure. Rivas also testified that, during a telephone conversation, Nieto told him that he had lost a load of cocaine at the Almeda-Genoa warehouse. trafficker. Sufficiency of the evidence establishing a conspiracy. Therefore, we have consistently held that the jury may infer the existence of a conspiracy from the presence, association, and concerted action of the defendant with others. United States v. Gonzales, 121 F.3d 928, 935 (5th Cir.1997), cert. bribed officials at all levels of the Mexican government. (b)At the arraignment or as soon after the arraignment as practicable, a party intending to offer in evidence under this section a foreign record of regularly conducted activity shall provide written notice of that intention to each other party. 21. 1956(a)(2) (emphasis added). 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. By Juan A. Lozano | AP. 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. Carlos Resendez testified that he also purchased Valium for Garcia Abrego on occasion and that Garcia Abrego was accustomed to using Valium. who are the people in the picture? Garca Abrego Abrego. On April 11, Lizardi Garcia was stopped on the International Bridge in this same Jeep Wagoneer. Internet findings will confuse him with Oscar Malherbe de Leon, but this is incorrect.5. The acts of violence to which the evidence at issue here related were integral parts of the conspiracies and the CCE with which Garcia Abrego was charged. Dr. Lykissa also testified that some of the hypertension medication that Garcia Abrego received would block his kidneys' ability to eliminate Valium for a six-hour period. JGA cried inconsolably and send flowers every year. Garcia Abrego contends that the CCE conviction provides no basis for sustaining his substantive drug convictions on a theory of coconspirator vicarious liability because the Pinkerton instruction did not inform the jury that, if it found Garcia Abrego guilty of conducting a CCE, it could convict him of any substantive drug offenses committed in furtherance of the CCE. Guaid on Tuesday spoke to The Associated Press by phone from Miami, where he arrived on a commercial flight that departed Colombia's capital Monday night. degenerate. 1489 (1946). The transfer of the $108,000 to Vega clearly constituted a giving over to the care or possession of another, and thus a transaction for purposes of establishing a money laundering offense. denied sub nom., 519 U.S. 1045, 117 S.Ct. As the government observes, in finding Garcia Abrego guilty of the drug conspiracy count, the jury found beyond a reasonable doubt that a drug conspiracy existed and that Garcia Abrego was a voluntary participant in this conspiracy. Until 1990, the organization also utilized INS buses to smuggle narcotics into the United States. See Fed. at 1250. Garcia Abrego used money from his drug operation to purchase large ranches in Soto La Marina, an area south of Matamoros. powerful faction in Matamoros. Law enforcement officials also observed a Jeep Wagoneer at the Monterey Street house. Rivas testified that he was subsequently informed of the seizure by Elias El Profe Ruiz. He began his career of criminality in the 1930's, trafficking alcohol into the U.S. during . Fed. All Rights Reserved. [4] Garcia Abrego was involved in car theft activities since the 1970s along with his best friend Lctor Hazael Marroqun Garca. 1. The agents observed a large white refrigerator truck and a van. at 1776 (internal quotation marks and brackets omitted); see also Dupre, 117 F.3d at 817. 316, 139 L.Ed.2d 244 (1997), and 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. Wilson Garcia, right, is consoled during a vigil for his son, Daniel Enrique Laso, 9, Sunday, April 30, 2023, in Cleveland, Texas. Standoff at Matamoros - The New York Times Agent Hensley testified at the suppression hearing without objection that Garcia Abrego had used Valium on a daily basis for a number of years prior to his arrest.15. Because Rule 403 operates to exclude relevant evidence, application of the rule must be cautious and sparing. United States v. Pace, 10 F.3d 1106, 1115-16 (5th Cir.1993) (quoting United States v. McRae, 593 F.2d 700, 707 (5th Cir.1979)). The content here may be outdated or no longer functioning. Without giving Garcia Abrego Miranda13 warnings, agent Hensley asked Garcia Abrego questions about his citizenship and the seizure of cocaine and money. [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]. In concluding that admission of records under 3505 does not violate a defendant's rights under the Confrontation Clause, we join a number of other circuits that have addressed the issue. Osiel Crdenas Guilln - Wikipedia [8], In addition to transporting cocaine for the Cali Cartel, it was believed the Garca Abrego cartel would also ship large quantities of cash to be laundered. of the maids' husbands, who worked as the family's drivers. By Chivis 1/22/2017 10:44:00 AM. Classifications Library of Congress HV6248.G295 F54 1996 The Physical Object Pagination 324 p. : Number of pages 324 ID Numbers Open Library OL604413M ISBN 10 9700506665 LCCN 96198952. Garcia Abrego began trafficking large quantities of marijuana in the mid-1970s. In the early 1980s, Garcia Abrego expanded his operation. 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. theories of several analysts here, who had initially likened the Therefore, you must carefully evaluate the testimony of any government witness who is cooperating, or has cooperated, in exchange for or with the hope that the prosecutor will file a 5K1.1 motion or Rule 35 motion to reduce the sentence of the witness. 841(a)(1) and (b)(1)(A), five counts of money laundering in violation of 18 U.S.C. Brownsvilles country club, while heading the criminal syndicate that would [15], Two years after the 1984 clinic shoot out, Ernesto Flores, an editor for the Mexican daily newspaper El Popular, was executed. @MX me refera al apellido Crdenas y como hasta el da de hoy los toman en cuenta en Matamoros a pesar de que OCG solt toda la sopa y eso afecto a la compaa. Though usually quiet and Donna Julia is a woman who is not his wife and is involved in an extramarital relationship with him. ), How Palm Springs ran out Black and Latino families to build a fantasy for rich, white people, At Willie Nelson 90, country, rock and rap stars pay tribute, but Willie and Trigger steal the show, Column: A centrist, third-party alternative for 2024 is a nice idea but a nightmare in practice, Chinese man who reported on COVID to be released after 3 years. See, e.g., United States v. Lindsey, 123 F.3d 978, 987-88 (7th Cir.1997); United States v. Williams-Davis, 90 F.3d 490, 508-09 (D.C.Cir.1996), cert. Archive: Interview with Juan Nepomuceno Guerra Crdenas [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. In 1995 he became the first drug trafficker to ever be placed on the FBI's Ten Most Wanted List. 1956(h). If you're a hardcore criminal, killer, ain't no half stepping. However, we see no logical basis for departing from the principle articulated in Cervantes-Pacheco and Bermea-that it is up to the jury to evaluate the credibility of a compensated witness'-based merely upon the number of witnesses that received inducements from the government in exchange for their testimony. Dealings, officials indicate, could be linked to drug Counts 3-10, 17, and 28 of Garcia Abrego's indictment charged him with violations of 21 U.S.C. Therefore, we address only the issue of whether sufficient evidence existed for the jury to conclude beyond a reasonable doubt that the funds at issue in each count were subject to a transaction. ), cert. A slim 4" wide 40" high window has a view of the courtyard. 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. 1956(a)(2)(A), which criminalizes the transportation, transmission, or transfer of a monetary instrument or funds from a place inside the United States to a place outside the United States with the intent to promote the carrying on of a specified unlawful activity. 1135, 1140-41, 89 L.Ed.2d 410 (1986). Norma Morena, a reporter for the newspaper, was also killed in the attack. arrested in Mexico on February 27th on charges of murder and drug trafficking. [7], Once the cocaine crossed the border into the United States it was believed to reach distribution networks across the country in cities such as San Antonio, Houston and New York City, with smaller elements in Dallas, Chicago, New Orleans, Oklahoma City, California and Arizona. was arrested but inexplicably released hours after Clinton's certification of Garcia Abrego does not contend that the government or the district court failed to comply with any of the above safeguards. 9. Kenworth Truck Tractor from Houston. Garcia Abrego stayed the night in Mexico City in the custody of Mexican officials. In his brief, Garcia Abrego incorrectly refers to Dr. Coleman as Dr. Lykissa, one of his own experts. Garca Abregos growing drug empire. As of this When Chavez discovered that his wife was trying to steal part of his drug profits, he arranged to have her gunned down in 1989. . This is a criminal subculture, said Donson, who worked in the federal prison system for 23 years. U.S. Attorney Robert Guerra. However, Medrano and Malherbe subsequently informed Rodriguez that he and his comrades were being absorbed into Garcia Abrego's organization and that they could no longer purchase cocaine from the Medellin Cartel because their organization worked exclusively with the Cali Cartel. 848. [9] In 1994, the United States Drug Enforcement Administration (DEA) believed Garca Abrego was making as much as US$10billion per year in profit. See United States v. Rogers, 126 F.3d 655, 659 (5th Cir.1997). Shortly thereafter, Mexican officials seized Garcia Abrego's ranches and other property in Matamoros. He stated that he moved between 800 and 1000 pounds of marijuana and 100 kilograms of cocaine per month. From 1991 though 1994, Garcia Abrego remained in hiding and changed locations at least every few weeks and sometimes every few days. Section 3505 provides in relevant part as follows: (a)(1)In a criminal proceeding in a court of the United States, a foreign record of regularly conducted activity, or a copy of such record, shall not be excluded as evidence by the hearsay rule if a foreign certification23 attests that-. The entire time, the clothing and furniture remained dumped in the yard. We believe that foreign records admissible under 3505 satisfy these criteria. Garcia Abrego also argues that the records were inadmissible because some of them were incomplete. Additionally, Juan Ibarra was present when Vega picked up the money on May 3, 1991. Not saying he was a Saint, and I am not, by no means, but things were in better order. Hinojosa allowed Garca Abrego to travel to Mexico for business purposes and 3505, the Confrontation Clause, and several of the Federal Rules of Evidence. possessions such as expensive cars that would seem beyond the family's As noted earlier, Rivas testified that the Almeda-Genoa warehouse was a potential delivery point for the organization's cocaine. In Narcos: Mexico, Garca Abrego is portrayed by Flavio Medina. and Josefina, who both share the last name of hernandez but are He was See Rutledge v. United States, 517 U.S. 292, 116 S.Ct. In addition to protecting against a second prosecution for the same offense after acquittal or conviction, the Double Jeopardy Clause protects against multiple punishments for the same offense. Brown v. Ohio, 432 U.S. 161, 165, 97 S.Ct. See United States v. Torres, 114 F.3d 520, 525-26 (5th Cir. Even when these criteria are satisfied, we should exercise our discretion to reverse only if the error seriously affects the fairness, integrity or public reputation of judicial proceedings. Id. US$100,000. Juan Garcia Abrego photo shot in January 1996 HOUCHRON CAPTION (09/20/1999): Juan Garcia Abrego was convicted in Houston in October 1996 of 22 counts of drug trafficking, conspiracy, money laundering and operating a continuing criminal enterprises. Garcia Abrego also had Francisco Perez purchase clothing for employees of Trejo on a number of occasions. 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.