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[15], Two years after the 1984 clinic shoot out, Ernesto Flores, an editor for the Mexican daily newspaper El Popular, was executed. Rep. No. I think he may have died. Acts committed in furtherance of the charged conspiracy are themselves part of the act charged. recent years.). This argument also lacks merit. denied sub nom., 519 U.S. 1129, 117 S.Ct. Wish was he was here today Tamps would be save. several were killed or never arrested. 803(6). Both trucks drove back toward the ranch. 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. 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). the drug trade in Colombia. Flores car was sprayed with gunfire by gunmen waiting at the entrance to the newspaper's offices. A Rare Glimpse of Juan Garcia Abrego: From Vehicle Thief to Drug Lord Clearly the jury was presented with sufficient evidence for it to rationally conclude beyond a reasonable doubt that a wide-ranging criminal conspiracy of which Garcia Abrego knew and in which he participated existed. 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. Farmer Wants a Wife; Yellowjackets; Your Honor . Juan Garcia Abrego (standing): Former leader of the Gulf Cartel.4. Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity therewith. possessions such as expensive cars that would seem beyond the family's Garcia Abrego stayed the night in Mexico City in the custody of Mexican officials. 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. [11], Garca Abrego's ties however extended beyond the Mexican government and into the United States. Arrest warrants had also been issued in the past but See Ponce, 8 F.3d at 998. nom, 520 U.S. 1247, 117 S.Ct. Mexican Drug Cartel Chief Convicted in U.S. - Los Angeles Times whether the family was killed because of what he did, or she Birthplace: Saltillo, Nueva Extremadura, Reino de Nueva Espaa. 702. Garcia Abrego also complains that the documents were not accompanied by a proper certification as required by 3505(a)(1). Rivas testified that he moved between 30,000 and 40,000 kilograms of cocaine through the Bass Boulevard location. From this evidence, the jury could reasonably conclude that the drug offense described in count 7 was committed by Garcia Abrego's coconspirators in furtherance of the conspiracy. Donna Julia is a woman who is not his wife and is involved in an extramarital relationship with him. Comments are moderated, refer to policy for more information.Enva fotos, vdeos, notas, enlaces o informacin Todo 100% Annimo;borderlandbeat@gmail.com. Alberto Sicilia Falcon is his name. 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. 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. Already, the crime has undermined attempts to Column: Does racism make you too stupid to be a cop? 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. Jaime Rivas Gonzales testified that he moved between thirty-three and forty tons of cocaine for the organization, and Carlos Rodriguez testified that he moved over fifty tons. plans and enthusiasm And for sure, they don't make them like that no more. The individuals to whom Lopez turned over the truck drove it to the Southwest Terrace Apartments on Bassford in Houston. As a result of the killing, a riot broke out in the jail, killing two members of Garcia Abrego's organization. at 732, 113 S.Ct. for reasons authorities still cannot explain, he was never arrested. He further complains that he did not receive the notice required by Rule 404(b) when the prosecution intends to offer evidence of prior crimes, wrongs, or other acts for purposes other than proving action in conformity with bad character. Lctor's father was named Ovidio Marroqun Salinas, so maybe they were cousins? Members of the organization sold cocaine in Houston for between $17,000 and $23,000 per kilogram and in Los Angeles and New York for between $23,000 and $25,000 per kilogram. 3505(a)(1) with Fed. Mexican and U.S. authorities are hoping he will help with future Do Not Sell or Share My Personal Information, Police manhunt continues for suspect in Texas mass shooting, Middle school student brings school bus to safe stop after driver loses consciousness, Todays Headlines: Disney sues Ron DeSantis over Florida district, Wildfires in Anchorage? Based upon this testimony, the jury could reasonably conclude that the money laundering offense described in count 27 was committed by Garcia Abrego's coconspirators in furtherance of the conspiracy. Without giving Garcia Abrego Miranda13 warnings, agent Hensley asked Garcia Abrego questions about his citizenship and the seizure of cocaine and money. During an investigation, police also reported discovering killings were attributable in some way to Figueroa's book. [15], In 1991, a principal member of the Gulf Cartel, Toms "Gringo" Snchez, ordered the killing of a Colombian drug trafficker in a prison in Matamoros. The testimony of Garcia Abrego's coconspirators summarized in Part III.D.1, supra, constitutes sufficient evidence for the jury to conclude that Garcia Abrego acted in such a capacity with far more than five people. As indicated in Part III.E, supra, we reject Garcia Abrego's argument that insufficient evidence existed to support his convictions for money laundering. Mirandized statements made subsequent to an un-Mirandized statement are not the illegal fruit of the prior statement unless the prior statement was actually involuntary as opposed to merely presumed involuntary on the basis that it was given without the benefit of Miranda warnings. The statement was thus admissible as substantive evidence at Garcia Abrego's trial. R. Evid. Yzaguirre assembled the team of attorneys that represented Gulf Cartel boss Juan Garcia Abrego, the organization's last old-school leader. See Griffin v. United States, 502 U.S. 46, 59, 112 S.Ct. 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. 1880, 1884-85, 68 L.Ed.2d 378 (1981) (holding that, once the accused asserts this Fifth Amendment right to counsel and thereby expresse[s] his desire to deal with the police only through counsel, [he] is not subject to further interrogation by the authorities until counsel has been made available to him, unless the accused himself initiates further communication, exchanges, or conversations with the police).[T]his court has repeatedly held [that] we will not review arguments raised for the first time in a reply brief. NLRB v. Cal-Maine Farms, Inc., 998 F.2d 1336, 1342 (5th Cir.1993). [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. 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. Teresa Jardi, a former federal prosecutor who is now among Mexicos most prominent crusaders against the drug trade, disputed the authors theories. Furthermore, the House Report discussing 3505 indicates that the language in subsection (a) establishing the required contents of the foreign certification is derived from Rule 803(6) of the Federal Rules of Evidence, which establishes the business records exception to Rule 802's general exclusion of hearsay, and should therefore be interpreted in the same manner as the comparable language in Rule 803(6) is interpreted. Id. 1956(h) also lacks an overt act requirement. Medrano and Malherbe enlisted the services of a number of other individuals, including Jaime Rivas Gonzales, Tony Ortiz, Tomas Gringo Sanchez, and Juan Ibarra, to transport cocaine into the United States and the rich proceeds from its sale back into Mexico. Victor Manuel Felix Beltran. 12. Mr Nepomunicino started by bootlegging alcohol during Prohibition era. told a wild tale of sex, revenge and murder rivaling anything a 1180, 1183-84, 90 L.Ed. 1956(a)(1)(A)(i), three counts of money laundering in violation of 18 U.S.C. Copyright 2023, Thomson Reuters. Hollywood writer could concoct. [3] United States intelligence reports state Guerra reared his nephew on car theft before passing down his criminal enterprise. 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. The government contends that Garcia Abrego made no specific admissions of wrongdoing, and Garcia Abrego does not specify the content of his statement. Ortiz testified that his organization had The indictment details how both of them worked very closely 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. 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. Lctor Hazael Marroqun Garca: The best friend of Juan Garca Abrego. ), cert. unrelated, attacked their accomplice Alejandro and left him for dead. A particular transaction constitutes a financial transaction if it in any way or degree affects interstate or foreign commerce [and] (i) involv[es] the movement of funds by wire or other means or (ii) involv [es] one or more monetary instruments. 18 U.S.C. Garcia Abrego's conviction of conducting a CCE is thus tantamount to a conspiracy conviction. Furthermore, the involvement of Tomas Gringo Sanchez and the use of Tony Ortiz's apartment in transporting the money, along with Resendez's testimony that Lizardi Garcia worked for Garcia Abrego's group, provides sufficient evidence for the jury to reasonably conclude that the money laundering offense described in count 11 was committed by Garcia Abrego's coconspirators in furtherance of the conspiracy. Count 14 was based upon the delivery of $1.4 million of the organization's funds from Houston to Matamoros, Mexico on September 7, 1991. 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. "You're asking, 'Why did we But as a physician who prescribes the medication, I certainly know quite a bit about it. traffickers, Juan Garcia Abrego. Jack the Ripper at the time." UNITED STATES of America, Plaintiff-Appellee, v. Juan GARCIA ABREGO, Defendant-Appellant. legendary drug kingpin Juan Garca Abrego instilled fear. But Garca Abrego was let go at the urging of prosecutors like Finally, on Dec. 2, the drivers and one of the maids 1712, 137 L.Ed.2d 836 (1997), and cert. [W]here a crime is still being carried on and continued after the date when the act becomes effective, a statute imposing a greater penalty for conspiracy does not violate the constitutional prohibition of ex post facto laws. United States v. Todd, 735 F.2d 146, 150 (5th Cir.1984) (quoting Huff v. United States, 192 F.2d 911, 914-15 (5th Cir.1951)); see also United States v. Harris, 79 F.3d 223, 229 (2d Cir. 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. During the flight, Garcia Abrego drank some tequila. 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. G.Sufficiency of the Evidence Supporting the Conviction for Conducting a CCE. We disagree. Count 11 was based upon the seizure of $2.4 million that resulted from the search of a Jeep Wagoneer driven by Juan Miguel Gordo Lizardi Garcia at the International Bridge. 3578, 3581. He was quickly extradited to the United States, where he stood trial eight months after his arrest. 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. I have to. Later that afternoon, the blue truck drove back to the Wharton airport and then to the mobile home in Jones Creek, which was owned by Guadalupe Velez's sister. Carlos Rodriguez testified that he arranged shipments of cocaine to George Paulicastro's warehouse in New Jersey. Who was that guy and where can i read more about him? 3139, 3149, 111 L.Ed.2d 638 (1990); see also Sherman, 62 F.3d at 140. This court has held that these instructions adequately safeguard a criminal defendant when the government offers the testimony of a compensated informant. 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. That afternoon, Mexican officials took Garcia Abrego to the airport in Mexico City. Garcia Abrego initially challenges the admissibility of the foreign bank records under 18 U.S.C. 1602, 16 L.Ed.2d 694 (1966). Email This BlogThis! 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. The Government's Provision of Inducements to Its Witnesses. Family Hopes Abrego Arrest Will Bring Answers to Son's Kidnapping Horace Vega testified that Medrano told him that the group wished to have Lopez Olivares killed because he threatened to expose high-level members of the group to the U.S. media. Thus, we cannot say that the district court's determination that the medication that Garcia Abrego received did not render him mentally impaired at the time of his interview with law enforcement officials was clearly erroneous.16. In 1995 he became the first drug trafficker to ever be placed on the FBI's Ten Most Wanted List. 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. Born in Reynosa, he grew up with Jos Garca Abrego, the younger brother of Juan Garca Abrego, the head of the Gulf cartel. (U.S. Feb. 26, 1998) (No. Is the cuban satanico, the cuban gay guy in narcos mexico season 2 who they ask permission to move bud thru tj? As with the issue of the voluntariness of a custodial confession, a district court's determination regarding the validity of a defendant's waiver of his Miranda rights is a question of law reviewed de novo, but this court accepts the factual conclusions underlying the district court's legal determination unless they are clearly erroneous. ISIS is in Afghanistan, But Who Are They Really? 1135, 1140-41, 89 L.Ed.2d 410 (1986). This would indicate that compliance with the notice requirement is not a precondition of admissibility. R. Evid. Accordingly, [a]s in the case of the witness who has been promised a reduced sentence, it is up to the jury to evaluate the credibility of the compensated witness. See id. He was given a five-year probation 26. C.Impact of the Dismissal of the Drug Conspiracy Count on the Substantive Drug Convictions. The book's acknowledgment is written to Mexico's powerful 11. However, we conclude that this lack of diligence did not render the records inadmissible under the statute. [3][7] The renegotiating, however, brought a price: the cartel would have to guarantee any shipment from Colombia to its destination. 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. Committee on Pattern Jury Instructions, District Judges Ass'n Fifth Cir., Pattern Jury Instructions (Criminal Cases) 239 (1997). The cases map out exactly how a drug . 1978, U.S. authorities stated that Marroqun-Garca met with Garca Abrego and Once led by Juan Garcia Abrego, it is now believed to be under the 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. 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. Sentencing judges are powerless to reduce the sentence of a cooperating witness below the mandatory minimum or applicable guideline unless the prosecutor files the 5K1.1 motion or Rule 35 motion on behalf of a witness. 18. Counsel for Garcia Abrego and Dr. Coleman engaged in the following exchange regarding Dr. Coleman's knowledge of Valium dependency: Q:Now, do you know anything at all, sir, about Valium habituation or Valium dependency? In addition to the prison sentencing, Garca Abrego was forced to turn over millions in illegal proceeds. 8. 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. (A)such record was made, at or near the time of the occurrence of the matters set forth, by (or from information transmitted by) a person with knowledge of those matters; (B)such record was kept in the course of a regularly conducted business activity; (C)the business activity made such a record as a regular practice; and.