Your research and work is very much appreciated. Hernandez-Riveras relatives, in an unrelated case that shocked the world in 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). filed, 66 U.S.L.W. He explained the prosecutors in Brownsville [4], Garca Abrego is widely known for innovating Mexican trafficking operations, turning them from smugglers into suppliers. The content here may be outdated or no longer functioning. See Oregon v. Elstad, 470 U.S. 298, 310-11, 105 S.Ct. simple act of revenge. Garcia Abrego contends that, even if the pervasiveness of the government's practice of compensating its witnesses monetarily and otherwise did not of itself violate his right to due process, the district court nonetheless erred in refusing his proposed jury instruction pointing out the non-reciprocal nature of such compensation (i.e., the fact that only the government could offer witnesses incentives such as motions for downward departure and reduction of sentence) and indicating to the jury that the government's witnesses who obtained benefits in exchange for their testimony had a motivation to lie. 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. Law enforcement officers maintained surveillance on the Monterrey Street house until April 11, 1990. Upon searching the truck, customs officials found cocaine packed in the same manner. Moreover, evidence of acts committed pursuant to a conspiracy and offered to prove the defendant's membership or participation in the conspiracy are not extrinsic evidence, i.e., evidence of other acts, for purposes of Rule 404(b). 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). 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. ), cert. It was later revealed to Garca Abrego that Martnez began moving planes through the region without paying the fee. along the South Texas and Tamaulipas border was controlled by Casimiro Espinosa denied sub. 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. The jury instruction in this case expressly apprised the jury of the Pinkerton principle. Garcia Abrego contends that the district court erred in admitting expert testimony at trial from Dr. Coleman19 that habitual use of Valium would diminish the effect of the drug. denied, 519 U.S. 824, 117 S.Ct. 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. 3505. Because Garcia Abrego did not object to the CCE instruction on these grounds at the district court level,10 we review his claim for plain error. At a later hearing, however, Garcia Abrego admitted that he was previously charged with a criminal offense in the Southern District of Texas, was represented by counsel, and pleaded guilty. Garcia Abrego was upset by Sanchez's acting without authority because of the intense media attention that the riot caused. [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. Garcia Abrego also stated that another member of Martinez's group from whom he had acquired information already went to heaven. Garcia Abrego then indicated that he had gathered his men to take care of Martinez personally, but that, before they could do so, Mexican federal police arrested Martinez. very outspoken about the alleged ties between the government and The district court's admission of foreign records of financial transactions into evidence violated 18 U.S.C. 3578, 3580. See United States v. Lindsey, 123 F.3d 978, 986 (7th Cir.1997) (holding that the district court did not plainly err in giving the jury an instruction regarding CCE that could have allowed the jury to convict the defendant on the basis of his association with individuals who could not have been his supervisees as a matter of law because there was adequate evidence of [the defendant's] supervision of a sufficient number of persons whom he clearly managed). Count 12 is based upon $108,000 that Horace Vega received at Carpet Masters in Houston from Jesse Ceballos on February 23, 1991. 52(b); United States v. Jones, 132 F.3d 232, 243 (5th Cir.1998). See United States v. Davis, 19 F.3d 166, 171 (5th Cir.1994). With no hope for justice, the two family chauffeurs 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. Agent Claudio DeLaO testified that, during conversations with Luis Medrano, Medrano referred to Garcia Abrego as El Jefe and Patron, both Spanish words signifying substantial authority. However, when 1996 Cable News Network, Inc. San Antonio first responders received the two calls within moments of each other Friday evening. We disagree. By Juan A. Lozano | AP. This would indicate that compliance with the notice requirement is not a precondition of admissibility. 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. [8][14] He has the distinction of being the first drug trafficker to ever be placed on that list. His experience with Valium prescription and patient observation, along with his medical training, formed the basis of his opinion. A district court may not grant immunity simply because a witness has essential exculpatory evidence unavailable from other sources.). This testimony indicates that Garcia Abrego exercised indirect managerial authority over him. C.Impact of the Dismissal of the Drug Conspiracy Count on the Substantive Drug Convictions. Dr. Keraga admitted that these effects might be different for a chronic user of Valium. Yolanda had been It is definitely a positive thing for an inmate. FBI agents followed the blue pickup to the Nole Hace Ranch, which is located near Clute, Texas. 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. The suspects then allegedly argued over the family's Capo," a book about one of Mexico's most infamous drug powerful Mexican drug lords therefore authorities assumed that the denied, 522 U.S. 1131, 118 S.Ct. This argument borders on the frivolous. Vega testified that they then delivered the money to Matamoros. Figueroa and her husband, Fernando Balderas, basked in prominence after R. Evid. A number of coconspirators testified that Garcia Abrego utilized several individuals to manage the proceeds of his drug trafficking enterprise. Garcia Abrego contends that the district court erred in admitting evidence that he ordered a number of murders. later dropped his charges. the drug trade in Colombia. Id. 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). Dr. Coleman's testimony that Garcia Abrego did not appear impaired and evinced none of the symptoms of a Valium overdose, together with the testimony of the officers who interviewed Garcia Abrego that he appeared in no way impaired, provided an adequate basis for the district court's conclusion that Garcia Abrego's mental capacity was not impaired as a result of the drugs that he had been administered earlier in the day. Marroqun Garca's mother stated that Garca Abrego was deeply saddened by his He argues without further explanation that the certifications were improper because they were made in connection with another criminal case. Without giving Garcia Abrego Miranda13 warnings, agent Hensley asked Garcia Abrego questions about his citizenship and the seizure of cocaine and money. Garcia Abrego was convicted in a Houston federal court on charges he smuggled tons of cocaine into the United States and laundered millions of dollars as head of the Matamoros-based Gulf cartel. Sometime in late 1989 or early 1990, $10 million in bribe money from Garcia Abrego's organization failed to reach Coello Trejo. After, the 5. in. 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. The individuals to whom Lopez turned over the truck drove it to the Southwest Terrace Apartments on Bassford in Houston. 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). . Romero, a Mexico City deputy attorney general, said his detectives also suspect a possible settling of accounts in the killings. three others in Brownsville to coordinate the transfer of a stolen 1977 Thus, Rule 404(b) did not require that the government provide Garcia Abrego with advance notice of its intent to offer the evidence. Falcone was his name i believe. 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. The agent, who had quit his post alleging corruption in the office of recently fired Atty. Therefore, the district court did not abuse its discretion in admitting the records on the ground that they were incomplete. but distributes all over the U.S. as far north as Michigan and New York. Investigators hope their questions about the attack will be answered by a lone survivor, the family driver. J.Validity of Garcia Abrego's Waiver of His Miranda Rights. the Murderpedia project stay alive. [12], The book categorized the payments not so much as bribes but rather as what Garca Abrego considered a tax on business. 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? Section 853(a) of Title 21 of the United States Code, which defines property subject to criminal forfeiture in connection with drug crimes, provides as follows: Any person convicted of a violation of this subchapter or subchapter II of this chapter [which include the drug conspiracies with which Garcia Abrego was charged] punishable by imprisonment for more than one year shall forfeit to the United States, irrespective of any provision of State law-. Column: Does racism make you too stupid to be a cop? UNITED STATES of America, Plaintiff-Appellee, v. Juan GARCIA ABREGO, Defendant-Appellant. The show depicts Juan Garcia Abrego, Guerra's nephew and heir, as a smart individual who is overshadowed in size by his uncle. Mexico on February 28, 1997. The Real Housewives of Atlanta The Bachelor Sister Wives 90 Day Fiance Wife Swap The Amazing Race Australia Married at First Sight The Real Housewives of Dallas My 600-lb Life Last Week Tonight . 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. Durante 10 aos, fue rastreado por agentes de la Agencia Antidrogas de Estados Unidos (la DEA) y lleg a ser parte de la lista de los 10 criminales ms buscados por el FBI y ser el primer mexicano en estar en aquella lista negra. ), cert. husband, Fernando Balderas -- former anti-drug agent -- and their three Was this a clan in the old school CDG? MEXICO CITY (CNN) -- Gangland style murders are nothing new But Garca Abrego was let go at the urging of prosecutors like The gunman seemed intent on killing everyone, Garcia said. as a U.S. citizen. others to discuss arrangements that day. Garca Abregos best friend 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. However, he argues that his impairment from the medication that he had received from Mexican doctors, coupled with his lack of education and experience with the U.S. judicial system, precluded a knowing and voluntary waiver. at 741; see also Ismoila, 100 F.3d at 391; Sherman, 62 F.3d at 140. conference here late Monday. 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. The testimony of coconspirators provided a basis for the jury to conclude (1) that Luis Medrano and Oscar Malherbe worked directly for Garcia Abrego and that he delegated to them substantial managerial authority; (2) that Medrano and Malherbe in turn delegated responsibility for smuggling drugs and their proceeds to individuals such as Jaime Rivas, Tony Ortiz, and Carlos Rodriguez; and (3) that these individuals in turn recruited numerous other individuals to actually package, load, and ship narcotics and their proceeds. Thus, to the extent that 3505 largely mirrors the business records exception, we are confident that records admissible under the statute are at least as reliable as evidence admitted under a firmly rooted hearsay exception. Wright, 497 U.S. at 821, 110 S.Ct. An FBI agent testified that, prior to this seizure, law enforcement officials intercepted a telephone conversation between Tomas Gringo Sanchez and Hilario Gonzales. Thereafter, Vega spoke with Medrano again, and Medrano became upset when he found out that Vega had not been able to pick up the money necessary to secure a contract for the warehouse. He was then placed on a Mexican airplane occupied by only Mexican officials and flown to Houston Intercontinental Airport. [14][15], Garca Abrego's arrest was even subject to allegations of corruption. plans and enthusiasm Humberto Garcia Abrego is Juan's brother and a suspected drug boss himself. R. Evid. never served for rape, and for trying to extort account holders of a Tony Ortiz testified that he had met Nieto at Medrano's home, where Nieto was meeting with Medrano to discuss cocaine transportation. The guy on the far right is Lctor Hazael Marroqun Garca. Two days later, Lopez drove the truck to a residence in Brownsville on Monterey Street. A special agent for the DEA testified that, when the load of cocaine reached Paulicastro's warehouse on April 3, 1993, all but 10 kilograms of it was replaced with fake cocaine. See Fed. B. legendary drug kingpin Juan Garca Abrego instilled fear. More on Garcia Abrego, check out this documentary: Lictor Hazael Marroquin Garcia Death Certificate. He argues that, unlike ordinary domestic business records, foreign records do not occupy a well-rooted exception to the hearsay rule and lack adequate indicia of reliability to be admissible without violating the Confrontation Clause. 1956(a)(2) (emphasis added). Furthermore, as indicated infra, the evidence presented at trial indicated that the funds at issue in these two counts were transported across the Mexican border, which satisfies 1956(a)(2)(A)'s requirement that the funds be transferred from a point inside the United States to a point outside the United States.Furthermore, as indicated infra, the funds at issue in count 27 were seized from a vehicle on the International Bridge driving toward Mexico. The results of the investigation shot holes in the Marroquin-Garca, who was also indicted with him in 1978. In one of numerous mysteries in the case, it's not clear Garcia Abrego does not dispute that the government presented testimony from two of his coconspirators-Francisco Perez and Carlos Resendez-indicating that Garcia Abrego had used Valium habitually for many years. Romero said in a press conference that Balderas had been Figueroas husband, who specialized in drug trafficking during his years as advisor to prosecutors, was her chief collaborator on the book, which suggested that the elder brother of former President Carlos Salinas de Gortari and the assassinations of two prominent politicians in 1994 were linked to the countrys powerful drug cartels. This change forced Garca Abrego to begin stockpiling hundreds of tons of cocaine along Mexico's northern border in warehouses;[7] however, this allowed him to set up his own distribution network and expand his political influence. 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.. Garca Abrego vivi su niez al sur de Texas, pero el narco siempre dijo que era ciudadano mexicano. Alberto Sicilia Falcon is his name. [C]oercive police activity is a necessary predicate to the finding that a confession is not voluntary within the meaning of the Due Process Clause of the Fourteenth Amendment. Colorado v. Connelly, 479 U.S. 157, 167, 107 S.Ct. Criminal convictions are supported by sufficient evidence if a reasonable trier of fact could conclude that the elements of the offense were established beyond a reasonable doubt, viewing the evidence in the light most favorable to the jury's verdict and drawing all reasonable inferences from the evidence to support the verdict. United States v. Mmahat, 106 F.3d 89, 97 (5th Cir. ), cert. 30. 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. Furthermore, sufficient evidence existed for the jury to rationally conclude beyond a reasonable doubt that each of the substantive drug offenses charged was committed in furtherance of the conspiracy. Internet findings will confuse him with Oscar Malherbe de Leon, but this is incorrect.5. Juan Garca Abrego (born September 13, 1944) is a Mexican convicted drug lord and former leader of the Gulf Cartel, a criminal group based in the state of Tamaulipas, Mexico. We disagree. The Gulf Cartel's (Cartel del Golfo - CDG) origins can be traced to 1984, when Juan Garca Abrego assumed control of his uncle's drug trafficking business, then a relatively small-time marijuana and heroin operation. FBI agents subsequently searched the mobile home and the Nole Hace Ranch, discovering more than 300 kilograms of cocaine at each location. 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. "We're investigating Mr. He told federal law enforcement agents that he moved narcotics across the U.S./ Mexico border with the assistance of Mexican judicial police, who would inform him when he could safely move a load across the border. 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. I understand. (quoting Webster's Third New International Dictionary 654 (Philip Babcock Grove ed.1961)).5. Count 3 of the indictment was based upon the seizure of 825 kilograms of cocaine at the Sarita, Texas border patrol checkpoint on March 14, 1989.
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