Dr. Keraga admitted that these effects might be different for a chronic user of Valium. According to de la Rosa, Fernando Balderas became a sexual monster following the success of his and his wife's muckraking book on the narco lord Juan Garcia Abrego. Teresa Jardi, a former federal prosecutor who is now among Mexicos most prominent crusaders against the drug trade, disputed the authors theories. From this evidence, the jury could reasonably conclude that the drug offense described in count 3 was committed by Garcia Abrego's coconspirators in furtherance of the conspiracy. Juan Garca Abrego fue el jefe del Crtel del Golfo, organizacin criminal que tuvo nexos con las mafias italianas y que en la dcada de 1990 fue una de los tres crteles principales que operaban entre Mxico y Estados Unidos para el trasiego de droga. Jury Instruction on the Nonreciprocal Nature of Inducements to Government Witnesses. 52(b); United States v. Jones, 132 F.3d 232, 243 (5th Cir.1998). scandalous case all but closed, alleging that the fugitive couple and Police said on Friday they found the bodies of Fernando Balderas, Juan Garcia Abrego is currently imprisoned at the United States Penitentiary (USP) located in Hazelton, West Virginia. Some people believe that a clue to the murders may appear on A finales de enero de 1997, el capo enfrent un juicio en Estados Unidos por lavado de dinero de al menos 10 millones de dlares provenientes de actividades ilcitas y sobornos. [E]vidence possessing particularized guarantees of trustworthiness' must be at least as reliable as evidence admitted under a firmly rooted hearsay exception [and] must similarly be so trustworthy that adversarial testing would add little to its reliability. Idaho v. Wright, 497 U.S. 805, 821, 110 S.Ct. The agents observed a large white refrigerator truck and a van. Sin embargo, Nepo dej el contrabando del alcohol para entrar a un negocio con mayores ganancias, el del trfico de cocana que importaba desde Colombia. 3505, the Confrontation Clause, and several of the Federal Rules of Evidence. Agent Hensley testified that Garcia Abrego made a number of denials of particular episodes of criminal activity that were identical to statements that he made to Hensley during the flight from Monterrey to Mexico City. at 639 n. 25. web site copyright 1995-2014 As police searched Tuesday for one of the family as a U.S. citizen. In January 1990, Mexican officials jailed eighteen members of Garcia Abrego's group for possession of firearms, cocaine, and marijuana. But if drug links are proved in the Figueroa familys slaying, it would be the first such civilian killing in the nations capital. The House Report on the bill that ultimately became 3505 states that [t]he purpose of the legislation is to make foreign-kept business records more readily admissible into evidence in criminal trials in United States courts. H.R. 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 [. 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. 30. There Thus, the district court properly allowed Dr. Coleman to answer the hypothetical question posed by the government. organized the transportation of 10 tons of cocaine over the Mexico-U.S. border 6. Juan Garcia Abrego is known to be in possession of weapons; utilized bodyguards for his protection and has ordered the murders of his rivals in the drug business." . The prohibition against multiple punishments for the same offense is designed to ensure that the sentencing discretion of courts is confined to the limits established by the legislature. Ohio v. Johnson, 467 U.S. 493, 499, 104 S.Ct. To be convicted of engaging in a criminal conspiracy, an individual need not know all the details of the unlawful enterprise or know the exact number or identity of all the co-conspirators, so long as he knowingly participates in some fashion in the larger objectives of the conspiracy. United States v. Westbrook, 119 F.3d 1176, 1189 (5th Cir.1997), cert. Jaime Rivas testified that he transported cocaine from Harlingen to Houston for Luis Medrano and that he met with Medrano regarding the transportation of cocaine up to two or three times per week. 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. I remember hearing that he was a Satanist. Alejandro Perez de la Rosa, was sentenced to 118 years in prison for the Poder (Fourth Estate), had been under investigation for alleged links to San Antonio, Corpus Christi and Houston. . Saludos Compa MX, ah le mando una chela. He then turned the vehicle over to some individuals at that residence and left for the airport. Outlined below is the testimony that established the general framework of Garcia Abrego's organization. For approximately two decades, Juan Garcia Abrego was the hub of a narcotics smuggling syndicate of staggering dimension. Once led by Juan Garcia Abrego, it is now believed to be under the U.S. Magistrate Frances Stacy read Abrego a 20-count indictment which accuses him of conspiracy, distributing 13 tons of cocaine into the United States and illegally laundering or transferring some $8.6 million. The girl negotiated with him and they shot him as she walked out? According to some members of his organization, in 1985, Garcia Abrego ordered the murder of Casimiro Cacho Espinoza, another drug trafficker in Mexico, in order to eliminate competition. also referred to by his alias "La Mueca" (The Doll). A:I am not certain what the-qualifications are needed to be an expert on this medication. Garcia Abrego's conviction of conspiracy to launder money violated the Ex Post Facto Clause because it was based on conduct that occurred prior to the enactment of the harsher penalty provisions of 18 U.S.C. Rivas testified that he was subsequently informed of the seizure by Elias El Profe Ruiz. appears to involve drugs and high level Mexican officials. It was a very scandalous killing.. By Juan A. Lozano | AP. denied sub nom., 522 U.S. 922, 118 S.Ct. plotted the murders of the couple, investigators say. Garcia Abrego next contends, without explanation, that admission of the records violated Rule 404(b) of the Federal Rules of Evidence. He also testified that Garcia Abrego was Medrano and Malherbe's boss, as well as the head of the entire drug organization. Meals will be taken at a dining hall rather than a cell. Garcia Abrego was sentenced . Behind the walls of the couple's home in the stately ), cert. He Specifically, he argues that admission of the records violated 18 U.S.C. Oscar Malherbe de Leon, the supposed heir to Juan Garcia Abrego, is believed to Count 4 was based upon the seizure of 291 kilograms of cocaine from a Tioga motor home driven by William Hoffman in Queens, New York on May 3, 1989. According to some members of his group, when Garcia Abrego got word that Martinez had landed planes without paying the $200,000 fee, he became angry and had his men capture a member of Martinez's organization and beat information out of him regarding the rival organization, including the number and weights of loads of cocaine that the organization transported. this nickname for his baby face and/or for being a sharp dresser. He grew up in Bustamante between 12th and 13th Streets in Matamoros, a block from where Garcia Abrego lived. Moreover, in May 1988, Dr. Victor Leal, a Brownsville-area ophthalmologist whom Garcia Abrego used as a liason for communicating with Agent DelaO, told DelaO in a recorded conversation that, ten years ago Garcia Abrego was a factory worker and that now he was a big boss. Francisco Perez testified that Garcia Abrego told him that he had ordered Ricardo Aguirre to launder $25 million of his money. The government offered into evidence a recorded conversation between Vega and Ceballos to this effect. 5. 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. Insofar as more direct efforts are concerned, DeLaO asked Garcia Abrego in a subsequent telephone conversation what had happened to the member of Martinez's group from whom he had acquired information. He was protected by Satan. Garcia Abrego also had Francisco Perez purchase clothing for employees of Trejo on a number of occasions. 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). Cordona and Cortez took the van to a residence on Langbourne Street in Houston. This factual determination was not clearly erroneous. See Todd, 735 F.2d at 150. Garca Abrego reached out to an FBI agent, Claudio de la O., whom he was bribing, to have the men taken care of. Abrego was extradited from C.Impact of the Dismissal of the Drug Conspiracy Count on the Substantive Drug Convictions. 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. See United States v. Torres, 114 F.3d 520, 525-26 (5th Cir. Simply because a witness testifies truthfully does not mean that the prosecutor will file a 5K1.1 motion or Rule 35 motion on the witness' behalf. We believe that foreign records admissible under 3505 satisfy these criteria. Mexican law enforcement officials arrested Garcia Abrego in Monterey, Mexico on the night of January 14, 1996. Garcia Abrego contends that the evidence adduced at trial was insufficient to support his convictions for counts 2, 11-13, and 16 because (1) the government failed to prove a transaction involving the funds at issue in each count because it offered no evidence of a disposition of the funds and (2) none of the funds were transferred to Garcia Abrego.6 We disagree. Furthermore, Garcia Abrego does not contend that, during argument, the government urged the jury to find Garcia Abrego guilty of conducting a CCE on the basis of his association with individuals who, as a matter of law, could not have constituted his supervisees. (ESS), which cancelled his sentence just as long as he did not violate any A slim 4" wide 40" high window has a view of the courtyard. investigations. Garcia Abrego was arraigned on February 6, 1996. Some who knew the two speculate on what would have been of Like other evidentiary rulings, we review a district court's decision to admit expert testimony for an abuse of discretion. 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. The people in the photo from left to right- Juan Nepomuceno Guerra- Scrates Campos Lemus (former AG of Mexico)- Juan Garca brego- Roberto Castillo Gamboa (lawyer)This is actually the only known photograph of Juan Nepomuceno Guerra, founder of the CDG. and Josefina, who both share the last name of hernandez but are denied sub nom., 522 U.S. 922, 118 S.Ct. 1956(h), one count of conspiracy to import cocaine and marijuana in violation of 21 U.S.C. several were killed or never arrested. See Fed. He stated that he moved between 800 and 1000 pounds of marijuana and 100 kilograms of cocaine per month. it was translated by El Profe Matamoros Rancho Diablo: Narcosatanico, Black Magic and Organized Crimehttp://www.borderlandbeat.com/2017/09/matamaros-rancho-diablo-narcosatanico.html. Serving life in prison just got a little easier for Gulf Cartel godfather Juan Garcia Abrego. Garcia Abrego agreed to allow him to do so in exchange for $200,000 for each airplane load brought through the area. Juan Antonio Ortiz is a member of the Gulf cartel who worked for Juan Garcia San Antonio Reddit users call out local businesses to boycott, The tragic case of an S.A.-area dentist and his Miami patient, SpaceX will be ready for launch in six to eight weeks, Musk says, H-E-B family listed among worlds richest people by Forbes, SAWS will pay you to rip out 'boring turf', H-E-B family, SpaceX and S.A.s best restaurants top weeks news, Internet says $40 at Texas Roadhouse can last you a week, 5 found shot 'execution style' in home in San Jacinto County. 841(a)(1) and (b)(1)(A), five counts of money laundering in violation of 18 U.S.C. Juan Garca Abrego (CDG Founder) and Alfredo Beltrn Leyva in US Federal Prison . In a later taped conversation, Vega and Jesse Ceballos arranged for Vega to pick up the money at Carpet Masters. This is all that is necessary to render the evidence legally relevant. 6. Kerwin Plevka, Staff / Houston Chronicle Show More Show Less 2 of 4 Juan Garcia Abrego is escorted from FBI headquarters in Houston in 1996 after his arrest in Mexico. [16], Further theories put forward allege the arrest of Garca Abrego was to satisfy U.S. demands and meet certification, from the Department of Justice (DOJ), as a trade partner, the vote set to take place on March 1. along the South Texas and Tamaulipas border was controlled by Casimiro Espinosa We conclude, however, that the government adduced evidence sufficient to support each count of conviction. Garcia Abrego appeals his conviction and sentence as to all counts. (AP Photo/Brett Coomer) HOUCHRON CAPTION (08/07/2000): Juan Garcia Abrego, shown being escorted from the federal courthouse in 1996, was sentenced to 11 life terms, largely on the strength of testimony from a Mexican police commander who ha been paid $1 million. Hollywood writer could concoct. Those terms included medical treatment for his jailed brother's diabetes, one last trip to Colombia before his surrender, conjugal visits from his mistress, to be jailed in Guadalajara with some of his lieutenants for his own protection, and to allow himself to be taken in by the police commander of his choice. drug traffickers. at 1776 (internal quotation marks and brackets omitted); see also Dupre, 117 F.3d at 817. Finally, on Dec. 2, the drivers and one of the maids MEXICO CITY In the months that writer Yolanda 97-7630), and petition for cert. Figueroa and her husband, Fernando Balderas, basked in prominence after Pedregal district of the capital, Balderas, a former investigator for In 1986, Garcia Abrego began trafficking cocaine because marijuana was a seasonal business. Insufficient evidence supported Garcia Abrego's convictions of money laundering. Subsection (c) of the statute defines a foreign certification as a written declaration made and signed in a foreign country by the custodian of a foreign record of regularly conducted activity or another qualified person that, if falsely made, would subject the maker to criminal penalty under the laws of that country. 18 U.S.C. A motion opposing admission in evidence of such record shall be made by the opposing party and determined by the court before trial. Also among the dead were Garcia's son, Daniel Enrique Laso, and two women who died while shielding Garcia's baby and 2-year-old daughter. Crazy. See Moran v. Burbine, 475 U.S. 412, 421, 106 S.Ct. Alejandro Perez de la Rosa -- the driver -- regained consciousness he Confirming the killings Friday, chief investigator Elias Romero Apis told reporters that he has ruled out robbery as a motive in the attack, which he said appeared to be the work of at least three assailants. [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. His arrest in 1996 led to Osiel Cardenas Guillen and his brothers taking over the cartel. We will not allow Garcia Abrego to do in a limited post-oral argument submission that which he could not do in a reply brief. Though usually quiet and Thereafter, he would pay $1 million per year until the contract price was paid. 4. It has long been a rule of this court that no panel of this circuit can overrule a decision previously made by another. Ryals v. Estelle, 661 F.2d 904, 906 (5th Cir. while he worked for the judicial police. Moreover, the defense lawyers in this case have no power to file a 5K1.1 motion or Rule 35 motion on behalf of a witness who testifies, and therefore, are powerless to help a cooperating witness receive a reduced sentence. Other circuits have reached similar conclusions, and we now do the same. Therefore, Garcia Abrego's conviction for violation of 1956(h) did not violate the Ex Post Facto Clause. After, the Testimony presented by the government will invariably be prejudicial to a criminal defendant. As an initial matter, we note that Garcia Abrego does not contest that sufficient evidence exists to prove that the substantive drug offenses alleged were committed by someone; rather he alleges that the evidence was insufficient to link the offenses to him. Between 1989 and 1993, U.S. law enforcement officials seized over thirteen tons of the organization's cocaine, but this was but a fraction of the amount that the organization successfully smuggled into the United States. Finally, Garcia Abrego contends that admission of the foreign bank records violated Rule 802, which generally precludes the admission of hearsay. In Roberts, the Supreme Court stated, when a hearsay declarant is not present for cross-examination at trial, the Confrontation Clause normally requires a showing that he is unavailable. 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. servants avenging sexual abuse, prosecutors say. Rhodes v. Guiberson Oil Tools, 75 F.3d 989, 998 n. 2 (5th Cir.1996) (en banc) (Emilio M. Garza, J., concurring) ([T]he standard of relevancy under Rule 401 is intentionally much easier to satisfy than the standard for sufficiency of the evidence). We express no opinion as to whether a showing of prejudice resulting from untimely notice of an intent to offer foreign records could eliminate 3505 as a potential pathway for admissibility of foreign business records. conference here late Monday. 3578, 3582 (emphasis added). 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. By Chivis 1/22/2017 10:44:00 AM. 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? The "original capo" with only a sixth grade education, headed a 20 billion dollar a year cocaine trafficking business. 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. The legislative history of 3505 bears out this conclusion. See United States v. Savage, 67 F.3d 1435, 1440 (9th Cir.1995).7 As with the substantive drug offenses, Garcia Abrego does not contend that the evidence was insufficient to establish that the offenses charged in counts 14, 15, and 27 occurred.8 Rather, he contends that insufficient evidence exists to link him to the offenses. investigators say. The warehouse was located directly in front of a house on South Wayside, a street that runs perpendicularly to Almeda-Genoa. 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. 9. See United States v. Pipkin, 114 F.3d 528, 535 (5th Cir.1997). 254, 139 L.Ed.2d 182 (1997), and cert. See United States v. Griffith, 118 F.3d 318, 322-23 (5th Cir.1997). 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. 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. Juan Flores de Abrego. degenerate. told a wild tale of sex, revenge and murder rivaling anything a Stay up-to-date with how the law affects your life. Without giving Garcia Abrego Miranda13 warnings, agent Hensley asked Garcia Abrego questions about his citizenship and the seizure of cocaine and money. From 1991 though 1994, Garcia Abrego remained in hiding and changed locations at least every few weeks and sometimes every few days. See, e.g., United States v. Levine, 80 F.3d 129, 135 (5th Cir. trafficker. Furthermore, Garcia Abrego claimed that his apparent lack of understanding at the previous hearing resulted from the fact that he could not hear properly and felt poorly, and the court concluded that Garcia Abrego had firmly grasped the conflicts issue. However, one of the accounts described in the record was opened in the name of Maria del Carmen Olivella.29 Garcia Abrego concedes that this is his wife's name.30 Furthermore, the other accounts listed Ricardo Aguirre as a beneficiary. 1956(a)(2). 1956(h). 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 fateful night of the murders, the suspects only intended to kill the Assuming, merely for the sake of argument, that a juror strictly complying with this instruction-as we assume that the jurors in this case did, see United States v. Jimenez, 77 F.3d 95, 99 (5th Cir.1996)-could have, as a theoretical matter, found Garcia Abrego guilty of conducting a CCE on the basis of his association with persons who could not have constituted his supervisees as a matter of law,11 we are unconvinced that such error rises to the level of plain error. At this point, Medrano informed Rivas that Garcia Abrego was the boss and that he had to be told about the seizure. Humberto Garcia Abrego is Juan's brother and a suspected drug boss himself. 1060, 140 L.Ed.2d 121 (1998); see also United States v. Fernandez-Roque, 703 F.2d 808, 814-15 (5th Cir.1983). Garcia Abrego's conviction of conducting a CCE is thus tantamount to a conspiracy conviction.