His wife, Yolanda Figueroa, had recently published "The Gulf Capo," a book about one of Mexico's most infamous drug traffickers, Juan Garcia Abrego. At this point, Medrano informed Rivas that Garcia Abrego was the boss and that he had to be told about the seizure. recent years.). As an initial matter, we reject Garcia Abrego's argument that his conviction under 1956(h) violated the Ex Post Facto Clause if any of the conduct in furtherance of the conspiracy occurred before the statute's effective date. stealing vehicles. slayings of the writer and her investigator husband--both of whom had After a four-week trial, a jury needed only 12hours to convict Garca Abrego on all charges. 254, 139 L.Ed.2d 182 (1997), and cert. Vega testified that, on September 6, 1991, he picked up $1.4 million from Jesse Ceballos at a residence in Houston pursuant to instructions from Malherbe and Medrano. She added that she doubts that drug traffickers were responsible for the Figueroa family killings. 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. An FBI agent walked by the residence and overheard the sound of heavy objects being dropped and dragged across the floor of the garage. 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. over a period of several years. Furthermore, the House Report goes on to state the following: Subsection (b) of section 3505 is intended to promote the resolution before trial of questions concerning the admissibility of foreign business records. Medrano told Vega that he would receive the money from Jesse Ceballos and Juan Ibarra in Houston. Interesting how Garcia Abrego has done a lot of years while . Hinojosa allowed Garca Abrego to travel to Mexico for business purposes and The district court improperly entered a judgment of conviction on the charged substantive drug offenses because it gave the jury a Pinkerton instruction only with respect to the count charging Garcia Abrego with conspiracy to possess cocaine and marijuana with intent to distribute, a count that it later dismissed. Thanks, MX. You have heard the terms 5K1.1 and Rule 35 during this case. Prior to searching the truck, U.S. customs officials had executed a search warrant on the warehouse and discovered metal boxes filled with cocaine and sealed inside wooden crates. Mexican officials flew Garcia Abrego to Mexico City that night, and DEA Agent Lawrence Hensley accompanied them on the flight. 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. Have you ever studied the subject in your particular area of expertise? Who was that guy and where can i read more about him? Count 7 was based upon the seizure of 645 kilograms of cocaine from a residence on Ridgeside Street in North Houston. It is home to the Unabomber Theodore Kaczynski, Boston Marathon bomber Dzhokhar Tsarnaev and former FBI agent Robert Hanssen, who was convicted of espionage. As indicated in Part III.E, supra, we reject Garcia Abrego's argument that insufficient evidence existed to support his convictions for money laundering. During direct examination, counsel for Garcia Abrego questioned Dr. Coleman regarding his medical examination of Garcia Abrego upon his arrival in the United States and about the effects of a number of the medications that Mexican authorities had administered to him. Based upon this evidence, the jury could reasonably conclude that the drug offense described in count 9 was committed by Garcia Abrego's coconspirators in furtherance of the conspiracy. The murders of Yolanda Figueroa, her Alejandro Trevino-Morales, brother of Miguel Angel Trevino-Morales, is a mid-level leader of the Los Zetas in Nuevo Laredo, Mexico. This would indicate that the provisions of subsection (b) are meant to facilitate pretrial determinations of the admissibility of foreign records under 3505 rather than establish prerequisites to admissibility under the statute. Thus, the district court properly allowed Dr. Coleman to answer the hypothetical question posed by the government. On December 3, 1996, A later search of the residence uncovered 645 kilograms of cocaine in military-style duffle bags of a type similar to duffle bags found by the FBI at Bonnie's Nursery. He was protected by Satan. degenerate. However, Hoffman testified that he took orders from Oscar Malherbe and Luis Medrano. 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. But neither of us are experts. Upon arrival there, he complained of shoulder and back pains that he alleged resulted from Mexican officials forcibly pushing him to the ground and restraining him. 515, 522, 93 L.Ed.2d 473 (1986). Garca Abrego himself, was involved in the drug trade long before him. Being a physician, I have to. Some people might not like this but"my respects to that man". He started in the cartel under the tutelage of his uncle Juan Nepomuceno Guerra . Abrego continued to cross 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. 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. He later appeared in court, where he pledged he was a Obviously, 848 does not require that an individual work exclusively for the defendant in order to be considered the defendant's supervisee. Ser coincidencia o muy comn el apellido de esto dos personajes? As the first He was severely beaten and was hospitalized in critical condition under heavy police guard. Juan Flores de Abrego (1685 - d.) - Genealogy Garcia Abrego has thus failed to demonstrate that any error on the part of the district court in connection with its jury instructions on the CCE offense prejudiced him and thereby affected his substantial rights. 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. 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. 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. Malherbe and Medrano arranged for loads of cocaine to be flown to these ranches, and from there, the cocaine was moved to Matamoros. Guerra manipulated Juan if you ask me. The government gave notice that it intended to introduce the records on August 15, 1996. I have to. parents, but went blood simple and killed the children too. 1956(h). ), cert. The United States Government requested US$1.05billion but the jury, after an hour of deliberation, agreed to only US$350million. Teresa Jardi, a former federal prosecutor who is now among Mexicos most prominent crusaders against the drug trade, disputed the authors theories. Fiesta crowd to top 2.5 million despite rain canceling SpaceX will be ready for launch in six to eight weeks, Airport-to-downtown tunnel project still on the table, No one is driving this taxi. G.Sufficiency of the Evidence Supporting the Conviction for Conducting a CCE. Because of pressure from Mexican law enforcement, Garcia Abrego moved to his sister's home in McAllen, Texas and later to an apartment in Chicago. Garcia Abrego further argues that, even if the district court's dismissal of the drug conspiracy count in connection with which the jury received the Pinkerton instruction does not foreclose our affirmance of his convictions on the substantive drug counts on a theory of coconspirator vicarious liability, we must nonetheless reverse these convictions because insufficient evidence exists to support them on the basis of such a theory. [13], Garca Abrego's reach became known when a United States Federal Bureau of Investigation (FBI) agent named Claude de la O., in 1986, stated in testimony against Garca Abrego that he received over US$100,000 in bribes and had leaked information that could have endangered an FBI informant as well as Mexican journalists. El Chapo: A look at ADX Florence Colorado Supermax Prison. in Brownsville in the 1970s. By Chivis 1/22/2017 10:44:00 AM. Garcia Abrego's conviction of conducting a CCE is thus tantamount to a conspiracy conviction. He was then placed on a Mexican airplane occupied by only Mexican officials and flown to Houston Intercontinental Airport. Acts committed in furtherance of the charged conspiracy are themselves part of the act charged. [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. Ironically, Garca Abrego was nowhere to be found. 846, one count of conspiracy to launder money in violation of 18 U.S.C. 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. Copyright 2023, Thomson Reuters. Mexican and U.S. authorities are hoping he will help with future 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.
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