Feinstein has vowed to return to Washington, but what happens if she doesnt? Serving life in prison just got a little easier for Gulf Cartel godfather Juan Garcia Abrego. We will 848. Juan Garcia Abrego is currently serving eleven life sentences in a U.S. jail Archive: Interview with Juan Nepomuceno Guerra Crdenas Police exploitation of the mental condition of a suspect, using subtle forms of psychological persuasion, could render a confession involuntary. United States v. Raymer, 876 F.2d 383, 386-87 (5th Cir.1989) (quoting Connelly, 479 U.S. at 164, 107 S.Ct. He remains jailed in Tijuana. Any objection to the admissibility of the foreign record must be made in writing and filed with the court before trial, and the court must decide the motion before trial. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. He testified that he then drove the money to the Rio Grande Valley, where he met Carlos Salazar. 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. trouble for a year, his charges would be dismissed. Garcia Abrego has cited no authority in support of this contention. 403. 1956(a)(2) (emphasis added). Garca Abrego, furious with the media attention that followed the riot, ordered the killing of Snchez for overstepping his authority and bringing unwanted attention to the cartel.[11]. Garcia Abrego's inability to understand his Miranda rights rendered his custodial statement involuntary and therefore inadmissible on Fifth Amendment grounds. Section 1956(a)(2) provides in relevant part as follows:(2)Whoever transports, transmits, or transfers, or attempts 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 or to a place in the United States from or through a place outside the United States-(A)with the intent to promote the carrying on of specified unlawful activity shall be sentenced to a fine of not more than $500,000 or twice the value of the monetary instrument or funds involved in the transportation, transmission, or transfer whichever is greater, or imprisonment for not more than twenty years, or both.18 U.S.C. 98-907, at 2 (1984), reprinted in 1984 U.S.C.C.A.N. 1956(h). Have you ever studied the subject in your particular area of expertise? Rafael Chao Lopez, "el chino chao" was from Mexicali, they were sure infiltrating Tamaulipas, he was also a gofer for RCQ and don Neto for tips amd table scraps even as a federal, then after Kiki Camarena got murdered he forgot the friendship. From this point forward, law enforcement officials maintained constant surveillance of the van until the time of its seizure. The entire time, the clothing and furniture remained dumped in the yard. The fact that Garcia Abrego did not directly control the actions of many of these individuals is irrelevant; that their actions were directly supervised or managed by individuals to whom Garcia Abrego delegated authority indicates that Garcia Abrego organized, supervised, or managed them for purposes of 848. Headquartered in Matamoros, Mexico, Garcia Abrego's organization was responsible for smuggling tremendous quantities of cocaine and marijuana into the United States from the mid-1970s to the mid-1990s. Garcia Abrego argues that his custodial statement at the FBI office was the fruit of his initial un-Mirandized statements to Agent Hensley shortly after his arrest and was therefore inadmissible at trial. Below are the 18 individuals who were charged in the indictment: Though not mentioned in the indictment, the vehicle theft industry 3578, 3581. 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. A wonderful country like Mexico and guys rude it. 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). Carlos Rodriguez testified that he arranged shipments of cocaine to George Paulicastro's warehouse in New Jersey. However, in the absence of any intervening Supreme Court or en banc circuit authority that conflicts with Cervantes-Pacheco-and Garcia Abrego has pointed to none-we are bound by our decision in that case. The vehicles departed. Id. I know something about it, being a lawyer. 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. See Miller, 116 F.3d at 682 (holding that the district court did not abuse its discretion in admitting evidence of uncharged murders committed in furtherance of the charged narcotics conspiracy). 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. The record provides no indication that Garcia Abrego's statements to Agent Hensley were involuntary. 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. At this point, Medrano informed Rivas that Garcia Abrego was the boss and that he had to be told about the seizure. In 1984. Law enforcement officials observed Lopez comply with these orders on April 7, 1997. Hoffman also testified that the seized cocaine was loaded into the motor home under the supervision of Hilario Gonzalez and at the direction of Elias El Profe Garcia. All of this evidence provided ample basis for the district court to conclude that the foreign bank records had some tendency to make the fact that Garcia Abrego had derived substantial income from the sale of narcotics, an element necessary to support his conviction for conducting a CCE, more probable than it would be in the absence of the records. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Therefore, Garcia Abrego's conviction for violation of 1956(h) did not violate the Ex Post Facto Clause. at 732, 113 S.Ct. Lctor Hazael Marroqun Garca: The best friend of Juan Garca Abrego. The admission of the foreign business records does not violate the Confrontation Clause so long as the records bear[] adequate indicia of reliability. Ohio v. Roberts, 448 U.S. 56, 66, 100 S.Ct. Campos (. He is a high-level cartel guy; he will gravitate to whatever gang has a previously established relationship with his cartel, and my guess is hell be a rock star.. Juan Garcia Abrego (born 13 September 1944) was a leader of the Gulf Cartel under his uncle Juan Nepomuceno Guerra. The agent, who had quit his post alleging corruption in the office of recently fired Atty. See United States v. Torres, 114 F.3d 520, 525-26 (5th Cir. He stated that he moved between 800 and 1000 pounds of marijuana and 100 kilograms of cocaine per month. [19][20], Following the arrest of Garca Abrego, Osiel Crdenas Guillen took over the cartel. Count 7 was based upon the seizure of 645 kilograms of cocaine from a residence on Ridgeside Street in North Houston. 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. his wife Yolanda Figueroa, and their three children on Thursday lying in pools of blood Reversal on the basis of a district court's rejection of a proposed jury instruction is appropriate only if the rejected instruction (1) is substantively correct, (2) is not substantially covered in the charge given, and (3) pertains to an important point in the trial such that failure to give the instruction impairs the defendant's ability to present a given defense effectively. 142, 136 L.Ed.2d 89 (1996); Bermea, 30 F.3d at 1577; United States v. Garfinkel, 29 F.3d 1253, 1259 (8th Cir.1994); United States v. Jackson, 845 F.2d 1262, 1265 (5th Cir.1988). Garcia Abrego also complains that the documents were not accompanied by a proper certification as required by 3505(a)(1). individuals unlawfully transported stolen vehicles from the U.S. into Mexico. Sus contactos seran aprovechados paulatinamente por su sobrino Juan Garca para hacerse del negocio con el Crtel de Cali. 3. The best friend of Garca Abrego was Lictor Hazael We have many In 1991, Tomas Gringo Sanchez, a principal player in the New York segment of Garcia Abrego's distribution network, ordered the killing of a Colombian drug trafficker in a Matamoros jail without authorization from Garcia Abrego. Thus, evidence of such acts constitutes intrinsic evidence-that is, direct evidence of the charged conspiracy itself. 2. 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. Ricardo Cordero Ontiveros said he Admission of the evidence did not violate Rule 403. On May 15, 1998, one of the lethal chauffeurs, 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. Pedregal district of the capital, Balderas, a former investigator for Dear Netflix, there is no way in hell this is Matamoros (the scene is too pretty), the restaurant was Piedras Negras, not Restaurante Matamoros and there is no Sheriff de Brownsville #NarcosMexico2 . Garcia Abrego relies on the Supreme Court's recent holding in Rutledge v. United States, 517 U.S. 292, 116 S.Ct. Garcia Abrego was sentenced . Jose Gonzalo Rodrguez Gacha, El Mexicano. Ser coincidencia o muy comn el apellido de esto dos personajes? See, e.g., United States v. Levine, 80 F.3d 129, 135 (5th Cir. [3] It would later be revealed that a commander in the Attorney General of Mexico (PGR), Lpez Parra, was receiving US$1.5million per month in bribes; Lpez Parra was the head of northern Mexico. A Rare Glimpse of Juan Garcia Abrego: From Vehicle Thief to Drug Lord Venezuelan opposition leader Juan Guaid says he is not seeking political asylum in the United States and has not ruled out the posibility of running in a presidential primary planned for October. From this evidence, the jury could reasonably conclude that the drug offense described in count 4 was committed by Garcia Abrego's coconspirators in furtherance of the conspiracy. R. Evid. Several current and former federal prosecutors investigating Mexicos multibillion-dollar drug trade have been killed in recent months, many execution-style. later dropped his charges. 1180, 1183-84, 90 L.Ed. Q:But so far as knowing anything about habituation or dependency or holding out to be an expert, would you or not hold yourself out to be an expert in that area? A:No, not-it really depends. Revenge is the apparent motive, but As indicated infra, Garcia Abrego challenges only the sufficiency of the evidence to establish that the funds at issue in each count alleging a violation of 1956(a)(1)(A)(i) were involved in a transaction. For months following the release of the book Fernando sexually abused two maids within their stately home in Mexico City's tony Pedregal district. 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. Murderpedia has thousands of hours of work behind it. the Mexico City prosecutor's office, had been sexually abusing the two One court indicated that a CCE instruction similar to the one at issue here was erroneous because it failed to highlight the requirement of managerial authority. Therefore, the evidence of Garcia Abrego's involvement in the murders was not inadmissible under Rule 404(b)'s prohibition on [e]vidence of other crimes, wrongs, or acts [offered] to show action in conformity therewith. Fed. Casimiro died the following day due to injuries sustained in the shoot out. 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-. Id. He began his career of criminality in the 1930's, trafficking alcohol into the U.S. during . From the late 1980s until his arrest in 1996, the name of the [14][15], Garca Abrego's arrest was even subject to allegations of corruption. Birthplace: Saltillo, Nueva Extremadura, Reino de Nueva Espaa. He faces the possibility of a bunk bed and a cell mate, instead of what amounted to solitary confinement. Saul Hernandez-Rivera, a reputed drug trafficker who was killed outside a bar Though he was in hiding, Garcia Abrego continued to meet with members of his organization to discuss the drug business. But oscar Lopez is witness protection Right? (He had been arrested and released twice in 988, 136 L.Ed.2d 869 (1997); United States v. Witek, 61 F.3d 819, 822-24 (11th Cir.1995); United States v. Delgado, 4 F.3d 780, 785-86 (9th Cir.1993). 1858, 137 L.Ed.2d 1060 (1997); Sherman v. Scott, 62 F.3d 136, 140 (5th Cir.1995).28 Evidence is considered reliable if it falls within a firmly rooted hearsay exception or is otherwise supported by a showing of particularized guarantees of trustworthiness. Ismoila, 100 F.3d at 391-92. As indicated in Part III.E, supra, we reject Garcia Abrego's argument that insufficient evidence existed to support his convictions for money laundering. The hierarchy of Garcia Abrego's organization was firmly established. Se dice que el narco pact un acuerdo con la entonces Procuradura General de Justicia para negociar su arresto al asegurarle que no le quitaran sus bienes y su familia vivira sin ser molestada por las autoridades. between Mexico and the U.S. for several years, and even owned a house in The jury could reasonably conclude that this series of events involved one or more dispositions of the money later recovered from the van because, on more than one occasion, the van, along with its contents, was giv[en] over to the care or possession of another. Puig-Infante, 19 F.3d at 938 (internal quotation marks omitted). See United States v. Ross, 33 F.3d 1507, 1517 (11th Cir.1994) (holding that admission of foreign records pursuant to 3505 did not violate the defendant's rights under the Confrontation Clause); United States v. Sturman, 951 F.2d 1466, 1490 (6th Cir.1991) (same). It is definitely a positive thing for an inmate. denied sub nom., 519 U.S. 1045, 117 S.Ct. Subsection (b) requires that the party intending to offer the foreign business record provide written notification of that intention to all other parties to the case. If you're a hardcore criminal, killer, ain't no half stepping. 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. 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. FBI agents followed the blue pickup to the Nole Hace Ranch, which is located near Clute, Texas. at 3149. He does not argue that the incompleteness of the records was likely to confuse the jury, nor that the incompleteness of the records rendered them irrelevant. Garca Abregos best friend The DEA considers the Gulf Cartel one of the largest in Mexico. unveiled the results of an intensive, two-week investigation at a news 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. 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. Comments are moderated, refer to policy for more information.Enva fotos, vdeos, notas, enlaces o informacin Todo 100% Annimo;borderlandbeat@gmail.com. Vega testified that, pursuant to instructions from Jesse Ceballos, he picked up the money in Houston on September 25, 1991. 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. Dr. Keraga admitted that these effects might be different for a chronic user of Valium. 1324, 137 L.Ed.2d 486 (1997); see also Garrett v. United States, 471 U.S. 773, 786, 105 S.Ct. 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. 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. Additionally, at trial, Francisco Perez testified that he purchased Valium for Garcia Abrego on a number of occasions and that Garcia Abrego used Valium on a daily basis from at least 1980 until 1993. Garcia Abrego also protected his organization by attempting to maintain a low profile. denied, 522 U.S. 1131, 118 S.Ct. Law enforcement officials also observed a Jeep Wagoneer at the Monterey Street house. 13. 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. Insufficient evidence supported Garcia Abrego's convictions of the substantive drug offenses. Garcia Abrego introduced expert testimony from Dr. Ernest D. Lykissa that a first-time user who received a twenty-milligram dose of Valium would be significantly impaired by the drug and that a person who took all of the medication administered to Garcia Abrego by Mexican doctors would be literally incapacitated. However, Dr. Lykissa clarified that a habitual user could withstand a much higher dosage of Valium than a first-time user and that his conclusions regarding the combined effects of the drugs administered to Garcia Abrego were based on an assumption that he received all of the drugs at one time. Saludos. Juan Antonio Ortiz is a member of the Gulf cartel who worked for Juan Garcia Carlos Resendez testified that he engaged in the drug trafficking business with Garcia Abrego beginning in 1976 and later went to work for him in that business full time, continuing until his arrest in April 1994. 1956(c)(4)(A); see also Puig-Infante, 19 F.3d at 938. 4. As the blue pickup drove into the ranch, it was met by the black pickup that agents had previously observed at the Almeda-Genoa warehouse. 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 asserts that the funds at issue in these counts were not exported to Matamoros, Mexico. Effect of prior un-Mirandized statements. The guy on the far right is Lctor Hazael Marroqun Garca. After a lengthy trial, the jury found Garcia Abrego guilty of all twenty-two counts. denied sub nom., 520 U.S. 1219, 117 S.Ct. 1956(h), which raised the maximum penalty for such a conspiracy to the same level as the underlying substantive offense. very outspoken about the alleged ties between the government and Tony Ortiz testified that he collected $60 to 70 million on behalf of the organization in New York and Houston and shipped it back to Matamoros. Saludos Compa MX, ah le mando una chela. Yolanda Figueroa, a prominent Mexican journalist, her husband and three Law enforcement officials then observed these unidentified individuals unload the contents of the truck, dumping all of the clothing and furniture into the yard and taking 21 U-Haul boxes into the house. City. 841(a)(1) and (b)(1)(A), five counts of money laundering in violation of 18 U.S.C. The high-security penitentiary is housed on the same sprawling complex in Colorado as the supermax but affords privileges and a new lifestyle that the supermax does not, according to a Bureau of Prisons handbook for inmates. 254, 139 L.Ed.2d 182 (1997), and cert. Fue jefe del Crtel del Golfo . denied, 522 U.S. 878, 118 S.Ct. Garcia Abrego asserts a number of challenges to the admissibility of the foreign bank records under the Federal Rules of Evidence. See id. Grisly murder points to drugs, powerful figures in Mexico It is worth noting that Don Juan's father, Don Jos, is also unfaithful to his wife and careless of his reputation. He argues that, because he was punished for conducting a CCE, he cannot also be punished for engaging in drug conspiracies. Francisco Paco Perez also began working for Garcia Abrego in the drug trafficking trade around 1980. He confirmed that Figueroas husband, Fernando Balderas, had worked for the Mexico City prosecutors office as an advisor until two years ago. 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. was left in critical condition by the assailants. Rep. No. Balderas is a complicated figure. 11. Q:But you wouldn't hold out to be able to render an expert opinion on that, I take it. 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. Perez also testified that Garcia Abrego instructed Ricardo Aguirre, who the documentary evidence indicated was listed as a beneficial owner on several of the investment accounts in which Garcia Abrego placed his drug proceeds, to move $25 million from Mexico to the United States during the time period that Garcia Abrego was hiding in Chicago as a result of increased pressure and property seizures by Mexican authorities. The court, for good cause shown, however, can grant relief from the waiver. 30. R. Evid. 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. As indicated supra, the jury charge accurately apprised the jury of the Pinkerton principle. Committee on Pattern Jury Instructions, District Judges Ass'n Fifth Cir., Pattern Jury Instructions (Criminal Cases) 239 (1997). Garcia Abrego's custodial statement at the FBI office was not rendered involuntary by the fact that he previously made un-Mirandized statements to Agent Hensley. at 6, reprinted in 1984 U.S.C.C.A.N. Garcia Abrego's organization trafficked a huge amount of narcotics. 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 are satisfied that any error in the district court's instruction was not plain error because Garcia Abrego has demonstrated no prejudicial impact, and thus no detrimental effect on his substantial rights. Upon Garca Abrego's arrest a book detailing the scale of bribery was located. WGBH educational foundation, "Prosecutors Claim Brother of Ex-President had Ties with Garcia Abrego", In Fight Against ISIS, a Lose-Lose Scenario Poses Challenge for West. but distributes all over the U.S. as far north as Michigan and New York. conditions during his probation term. Guerra manipulated Juan if you ask me. He was arrested in Mexico. 1956(h), and one count of conducting a continuing criminal enterprise in violation of 21 U.S.C. Attorney who defended South Texas sheriffs and drug kingpins - KVEO-TV 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. However, when UNITED STATES of America, Plaintiff-Appellee, v. Juan GARCIA ABREGO, Defendant-Appellant.
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