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. 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. 1956(a)(2)(A), one count of conspiracy to possess cocaine and marijuana with intent to distribute in violation of 21 U.S.C. Another expert, Dr. Gloria Keraga, testified that Valium taken in conjunction with one of the medications given to Garcia Abrego could increase suggestibility. Climate change sparks disaster fears, A powerhouse U.S. doctor slain in Sudan, killed for nothing, In final Mass in Budapest, pope urges Hungary to open doors, What GOPs plan for Medicaid work requirements would mean. Jaime Rivas testified that he informed Medrano about the load of cocaine lost at the Sarita checkpoint and that Medrano instructed Malherbe to tell El Seor about the lost load. In one of numerous mysteries in the case, it's not clear 515, 522, 93 L.Ed.2d 473 (1986). 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. Moreover, the district court dismissed the drug conspiracy count only because it constituted a lesser-included offense of the CCE count of which the jury also found Garcia Abrego guilty. Drug traffickers usually avoid touching the family because the results tend to get too bloody, she said. As the district court observed, the government certainly [did] not act [] with diligence in giving [the] notice required by 3505(b). Mariano Herran Salvatti, Mexico City's deputy attorney general, who was arrested but inexplicably released hours after Clinton's certification of 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. denied, 519 U.S. 1128, 117 S.Ct. Segura was later arrested, and at that time he had in his possession a telephone book containing a code that Segura testified was given to him by Medrano for use in deciphering encoded telephone numbers given to Segura by group members. He wrote an autobiography and was active on social media for a while but hasn't posted since 2014. 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. at 520). Garcia Abrego does not contest on appeal the district court's determination that Rule 802's general prohibition on the admission of hearsay evidence did not bar the admission of the statements on the ground that they all constituted admissions by a party-opponent. R. Evid. 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. Figueroa asserted that high-ranking government officials had blocked earlier attempts to arrest Garcia Abrego, who was on the FBIs 10 Most Wanted list for nearly a year before his capture. Jury Instruction on the Nonreciprocal Nature of Inducements to Government Witnesses. Within a few days, Mexican authorities flew Garcia Abrego to the United States and placed him in the custody of U.S. law enforcement officials. This passage indicates that the primary purpose of subsection (b) is to force parties opposing the admission of foreign business records to lodge their objections before trial so that questions of admissibility may be resolved at an early stage. All rights reserved. Several Salinas in there. and Josefina, who both share the last name of hernandez but are The United States Government requested US$1.05billion but the jury, after an hour of deliberation, agreed to only US$350million. City. Se dice que Guerra quera que su sobrino tambin llegara a ser gobernador. In addition to the prison sentencing, Garca Abrego was forced to turn over millions in illegal proceeds. Juan Garca Abrego learned his uncle's lessons well. 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. I hadnt heard anyone mention the crazy story of the abduction and murder of Mark Kilroy in 30 years when it was in the news. The DEA considers the Gulf Cartel one of the largest in Mexico. Nepomuceo era su to, el que le di el poder y tena ms visin por su experiencia. 28. 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). Community Reviews (0) Feedback? As como ha causado gran impacto meditico la recaptura de Joaqun, El Chapo, Guzmn, el pasado viernes, hace 20 aos, el 14 de enero de 1996, la detencin de Juan Garca brego provoc . 1002, 136 L.Ed.2d 881 (1997), and cert. I.Admissibility of Garcia Abrego's Custodial Statement. (2)A foreign certification under this section shall authenticate such record or duplicate. were unable to get a hold of him for more than a decade. Mexico City officials are meeting with the new attorney 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. Our conclusion is bolstered by the fact that the statute requires district courts to exclude records otherwise satisfying its requirements if the source of information or the method or circumstances of preparation indicate lack of trustworthiness. 18 U.S.C. Juan Garcia Abrego. 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.. Garcia Abrego has cited no authority in support of this contention. 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. The murder attempt failed, leaving Casimiro injured. bookstores nationwide, Balderas' behavior at home was raising the fury 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. leadership of Oscar Malherbe de Leon. The Government's Provision of Inducements to Its Witnesses. This is all that is necessary to render the evidence legally relevant. He started in the cartel under the tutelage of his uncle Juan Nepomuceno Guerra. 848. possible that Garca Abrego worked under El Cacho before working under his He published a magazine about crime, murder and The murders of Yolanda Figueroa, her The fact that we have allowed the Miranda right to counsel, once asserted, to be effective with respect to future custodial interrogation does not necessarily mean that we will allow it to be asserted initially outside the context of custodial interrogation, with similar future effect.Id. Therefore, we have consistently held that the jury may infer the existence of a conspiracy from the presence, association, and concerted action of the defendant with others. United States v. Gonzales, 121 F.3d 928, 935 (5th Cir.1997), cert. 1978 auto theft charges were dismissed. 17. Rule 802 thus could not operate to preclude admission of the foreign bank records. Law enforcement officials observed Lopez comply with these orders on April 7, 1997. According to Ortiz, Nieto had lost a load of the organization's cocaine, and Medrano did not want to use him for transportation anymore. Garcia Abrego had dominated cocaine . Because the amount that the district court ordered Garcia Abrego to forfeit is within the limits set by Congress, the criminal forfeiture comports with the Double Jeopardy Clause. 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. The fact that the evidence offered by the government consisted only of out-of-court statements accompanied by no physical evidence of murder merely goes to the weight of the evidence rather than its admissibility.22 We therefore conclude that the district court did not abuse its discretion in admitting testimony regarding Garcia Abrego's involvement in murders. 1978, U.S. authorities stated that Marroqun-Garca met with Garca Abrego and Death: Immediate Family: Son of Capitn Diego Flores de Abrego; Diego Flores Abrego de Valdez and Ana de Olarte. Count 10 was based upon the seizure of two loads of cocaine, both in excess of 300 kilograms, from the Nole Hace Ranch and from a mobile home in Jones Creek, Texas. Count 5 of the indictment was based in part upon the seizure of 415 kilograms of cocaine from the residence of Frederico Munguia on Krenek Road in Houston, Texas on August 28, 1989. 18. 254, 139 L.Ed.2d 182 (1997), and cert. See id. quit his job to denounce corruption. I know the one on the far left is Juan Guerra Nepomunicino. Never hurt or kidnapping innocent people. told a wild tale of sex, revenge and murder rivaling anything a Your research and work is very much appreciated. 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. As demonstrated above, the foreign records constituted intrinsic evidence that Garcia Abrego engaged in a CCE and a money laundering conspiracy rather than extrinsic evidence of other crimes, wrongs, or acts offered to prove Garcia Abrego's bad character and his propensity to act in conformity therewith. (D)if such record is not the original, such record is a duplicate of the original; unless the source of information or the method or circumstances of preparation indicate lack of trustworthiness. Matamoros, where it was later resold. 21 U.S.C. [17], It is believed that on May 16, 1984, Garca Abrego ordered a hit on rival trafficker Casimiro Espinosa. [9] In 1994, the United States Drug Enforcement Administration (DEA) believed Garca Abrego was making as much as US$10billion per year in profit. But neither of us are experts. 3. After nearly 20 years in the so-called federal supermax, where some of the nations most notorious inmates are kept, Garcia Abrego was recently transferred to a high-security penitentiary, according to federal records. 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. sexual monster following the success of his and his wife's muckraking sentence was a symbolic gesture because of the brutality of the crime, He had control of the gulf Cartel, no problems like today. it's a mystery why the victims incurred such a fierce wrath Subsection (b) also contains a requirement that the party opposing admission of a foreign record under 3505 must object before trial or otherwise waive the objection. 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. Gus Rivera and wife. At Borderland Beat we do this for our readers and it's always nice to hear their appreciation. filed, 66 U.S.L.W. On two subsequent occasions, Vega attempted to arrange to pick up the $100,000 in Houston, but did not receive it. Francisco Perez testified that he began moving drugs for Garcia Abrego in 1980 and continued to do so until his arrest in August 1993. FBI agents followed the blue pickup to the Nole Hace Ranch, which is located near Clute, Texas. 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. 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. Yolanda Figueroa, a prominent Mexican journalist, her husband and three On April 9, 1993, Paulicastro delivered the cocaine in a rental truck to Francisco Segura. Fue jefe del Crtel del Golfo . Garcia Abrego contends that he does not seek to resurrect any per se barrier to the admissibility of testimony by witnesses compensated by the government. G.Sufficiency of the Evidence Supporting the Conviction for Conducting a CCE. After a lengthy trial, the jury found Garcia Abrego guilty of all twenty-two counts. They were found late Thursday when police traced an abandoned car to their house in the capitals Pedregal district, home to the stately mansions of former presidents, prominent intellectuals and writers. According to the testimony of a number of Garcia Abrego's coconspirators, including Carlos Rodriguez, Tomas Gringo Sanchez supervised cocaine distribution for Garcia Abrego's group in the New York area until he was killed. Note from Lucio: Juan Nepomuceno Guerra Crdenas, born and died in Matamoros, Tamaulipas (July 18, 1915 - July 12, 2001) was the founder of the gulf cartel (Cartel del Golfo). [12], The book categorized the payments not so much as bribes but rather as what Garca Abrego considered a tax on business. who are the people in the picture? Puig-Infante, 19 F.3d at 938 (internal quotation marks omitted). The government provided Garcia Abrego with notice of its intention to offer the foreign records twenty-six days before the suppression hearing at which the district court made the initial determination of their admissibility and forty-eight days prior to their admission into evidence at his trial. denied, 519 U.S. 824, 117 S.Ct. Garcia Abrego was arraigned on February 6, 1996. [3] The following years Fortune Magazine estimated the Garca Abrego empire to be worth US$15billion.[10]. Farmer Wants a Wife; Yellowjackets; Your Honor . 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. the source of violence in northern Mexico and South Texas. 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. denied sub nom., 519 U.S. 1045, 117 S.Ct. at 1077-78. Hinojosa allowed Garca Abrego to travel to Mexico for business purposes and See Edwards v. Arizona, 451 U.S. 477, 484-85, 101 S.Ct. Once led by Juan Garcia Abrego, it is now believed to be under the Juan Garcia Abrego was born on 13 September 1944 in Tamaulipas, Mexico, and he began smuggling marijuana from Mexico into the states of Texas, Louisiana, and Florida in the mid-1970s before . " Guerra said. When the Mexican government extradited Garcia Abrego . Teresa Jardi, a former federal prosecutor who is now among Mexicos most prominent crusaders against the drug trade, disputed the authors theories. and his wife's activities as a writer, as well as the ), cert. The legislative history of 3505 indicates that Congress adopted the statute in part based upon its view that foreign business records accompanied by the certification required by the statute possess an inherent trustworthiness. H.R.