1956(a)(2)(A), one count of conspiracy to launder money in violation of 18 U.S.C. in their stylish home in the Pedregal district of Mexico Therefore, the district court properly concluded that the government established by a preponderance of the evidence the voluntariness of Garcia Abrego's statement at the FBI office. 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. Tony Ortiz testified that, during his involvement with Garcia Abrego's organization, he shipped between $60 and 70 million in drug proceeds from New York and Houston back to Matamoros. In the ten-minute shootout that followed, 300rounds were fired and multiple innocent people were killed, including a security guard, a husband and child, and a bedridden woman. 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. 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. Finally, Garcia Abrego contends that admission of the foreign bank records violated Rule 802, which generally precludes the admission of hearsay. My respects, Kilroy was not Juan's fault. Garcia Abrego's custodial statement at the Houston FBI office was rendered involuntary by the fact that it followed an un-Mirandized prior custodial statement made while Garcia Abrego was under the influence of drugs forcibly administered by authorities bringing Garcia Abrego to the United States. children were found brutally beaten to death in their home in Mexico 1084, 140 L.Ed.2d 141 (1998). Mexico City officials are meeting with the new attorney reserved with others. corruption, and in the past worked for Mexico City's 841(a)(1) and (b)(1)(A), five counts of money laundering in violation of 18 U.S.C. Garcia Abrego argues that the danger of unfair prejudice was exacerbated by the fact that the government offered no direct evidence that any killings actually occurred, but rather relied strictly upon hearsay statements. A confession is voluntary if, under the totality of the circumstances, the statement is the product of the accused's free and rational choice. United States v. Broussard, 80 F.3d 1025, 1033 (5th Cir. 1892, 1902-03, 104 L.Ed.2d 487 (1989). along the South Texas and Tamaulipas border was controlled by Casimiro Espinosa As indicated supra, the jury charge accurately apprised the jury of the Pinkerton principle. . Garcia Abrego was sentenced . The chief investigator added that some ties to drug traffickers also are among the suspected motives, adding that detectives are looking into it carefully. But Romero provided no additional details. 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. Garcia Abrego does not challenge the sufficiency of the evidence to establish that the money at issue in each of the money laundering counts constituted the proceeds of narcotics trafficking or that the transfers at issue were made for the purpose of promoting narcotics trafficking activity. later dropped his charges. in Brownsville in the 1970s. 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. Jaime Rivas Gonzales testified that he moved between thirty-three and forty tons of cocaine for the organization, and Carlos Rodriguez testified that he moved over fifty tons. Sufficient evidence exists for the jury to conclude that the funds at issue in each of these counts were utilized in some form of transaction and that the money laundering offenses were committed by Garcia Abrego's coconspirators in furtherance of the conspiracy described in Part III.D.1, supra. also referred to by his alias "La Mueca" (The Doll). 83, 136 L.Ed.2d 40 (1996); 2 John Henry Wigmore, Evidence 674, 679, 680 (Chadbourn rev.1979). Lopez Olivares's statements to the press created pressure from law enforcement for Garcia Abrego. Marroqun-Garca died of cirrhosis in Matamoros. This argument borders on the frivolous. Juan Garca Abrego (CDG Founder) and Alfredo Beltrn Leyva in US Federal Prison . Garcia Abrego never requested more time to investigate the reliability or authenticity of the records and does not now complain that he was in any way prejudiced by the timing of the government's notice.26 We therefore conclude that the district court did not abuse its discretion in holding that the foreign bank records were admissible under 3505.27. The above language indicates that a defendant convicted of conducting a CCE must forfeit any property or contract rights affording control over the criminal enterprise in addition to the items described in paragraphs (1) and (2) of the provision, which a defendant convicted of conspiracy to possess narcotics with intent to distribute or conspiracy to import narcotics would be forced to forfeit. To that end, we review a district court's refusal to give a proposed jury instruction only for an abuse of discretion. Tras ser detenido, la fiscal estadounidense, Janet Reno celebr su captura como la entonces mayor victoria en la lucha de Washington contra la droga. 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. MEXICO CITY In the months that writer Yolanda 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. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Vega testified that, pursuant to instructions from Jesse Ceballos, he picked up the money in Houston on September 25, 1991. El Cachos business model was nonetheless fruitful. Juan Garcia Abrego (born 13 September 1944) was a leader of the Gulf Cartel under his uncle Juan Nepomuceno Guerra. 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. N.Admissibility of Foreign Financial Records. The statute's legislative history indicates that Congress wished to promote pretrial resolution of evidentiary disputes regarding foreign business records, not to require such resolution. 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. The above evidence would allow the jury to conclude that the funds seized from the Jeep Wagoneer had been giv[en] over to the care or possession of another one or more times, thus establishing the transaction element of the money laundering offense. Additionally, although we have concluded that the district court's factual determination that the drugs administered to Garcia Abrego had no deleterious effect on his mental condition was not clearly erroneous, it is worth noting that the district court found, on the basis of Agent Hensley's testimony, that United States law enforcement officials had no involvement in the administration of drugs to Garcia Abrego. In the mid-1980s, Carlos Resendez, who had begun working for Garcia Abrego full time, set up a meeting between Garcia Abrego and Fernando El Aguacate Martinez, another drug trafficker who sought permission from Garcia Abrego to move cocaine through the Matamoros area. In December 1990, Garcia Abrego discovered that he was named in a federal indictment that had recently been unsealed, and he therefore fled back to Monterey. without supervision. His arrest in 1996 led to Osiel Cardenas Guillen and his brothers taking over the cartel. Puig-Infante, 19 F.3d at 938. denied, 522 U.S. 922, 118 S.Ct. Rodriguez and his cohorts received their cocaine from the Medellin Cartel. The government's payment of witnesses, grants of immunity, and plea bargaining so distorted the adversary process at Garcia Abrego's trial that the proceedings were rendered fundamentally unfair. Guerra manipulated Juan if you ask me. Count 6 was based upon the seizure of twenty kilograms of cocaine from a mustang driven by Emilio Rivera as he left the residence of Hilario Gonzalez's father-in-law on Arrowrock Road in Houston and 160 kilograms of cocaine seized from the residence itself on September 18, 1989. Marroqun-Garca was arrested as he crossed the international border in October In this report, Borderland Beat will share a rare Garcia Abrego contends that the government failed to comply with the notice requirement contained in 3505(b) because it did not provide notice of its intention to introduce the foreign records until over six months after his indictment24 even though the government had been in possession of the records in connection with another prosecution for approximately two years.25 Garcia Abrego thus argues that the government did not provide notice as soon after the arraignment as practicable, as required by the statute and that the records were therefore inadmissible under 3505. No community reviews have been submitted for this work. Garcia Abrego appeals his conviction and sentence as to all counts. For approximately two decades, Juan Garcia Abrego was the hub of a narcotics smuggling syndicate of staggering dimension. 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. 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. He does not contend that any transaction in which the government proved the funds were involved did not meet the above definition of financial transaction. 8:35 one of the leaders of the massacred students in Tlatelolco for MEXICO 68 OLYMPIAD, Socrates Amado Campos Lemus could not be mexico's AG and be in this photo, check again? Garcia Abrego was sentenced to 11 life terms and fined $128 million in 1997. 1978, U.S. authorities stated that Marroqun-Garca met with Garca Abrego and 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. individuals unlawfully transported stolen vehicles from the U.S. into Mexico. 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). FBI agents followed the blue pickup to the Nole Hace Ranch, which is located near Clute, Texas. denied sub nom., 519 U.S. 906, 117 S.Ct. [4] Garcia Abrego was involved in car theft activities since the 1970s along with his best friend Lctor Hazael Marroqun Garca. Additionally, the involvement of Luis Medrano in the transfer and the fact that the transfer was made to facilitate the building of a warehouse to be used to distribute narcotics provide ample basis for the jury to conclude that the offense described in count 12 was committed by Garcia Abrego's coconspirators in furtherance of the conspiracy. Family, Crime: Author, husband and children were killed by This court has not had occasion to determine what elements of proof are necessary to establish a violation of 1956(h). legendary drug kingpin Juan Garca Abrego instilled fear. Drug traffickers also have been charged in the deaths of journalists in regional state capitals in the past. The agent, who had quit his post alleging corruption in the office of recently fired Atty. 1770, 1776-79, 123 L.Ed.2d 508 (1993). Furthermore, a conviction may be sustained solely on the basis of the testimony of a coconspirator-even a coconspirator who testifies on the basis of a plea bargain or promise of leniency-so long as that testimony is not incredible as a matter of law-that is, so long as it does not defy the laws of nature or relate to matters that the witness could not have observed. A:No, not-it really depends. 10. grisly murder binge. See Fed. 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. Garcia Abrego agreed to allow him to do so in exchange for $200,000 for each airplane load brought through the area. 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. 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. Pedregal district of the capital, Balderas, a former investigator for 27. See id. the drug trade in Colombia. Juan Garcia Abrego, who headed one of Mexico's largest and most ruthless narcotics cartels, was convicted Wednesday of smuggling more than $1 billion worth of cocaine and marijuana . Ese era el negocio principal de El Cacho. 2. Saul Hernandez-Rivera, a reputed drug trafficker who was killed outside a bar Junto con su hermano, ambos trabajaron en labores agrcolas hasta que se unieron a su to Juan Nepomuceno Guerra y los convirti en prsperos empresarios. We affirm. ] Most rights must be asserted when the government seeks to take the action they protect against. Additionally, a number of witnesses testified that Garcia Abrego's group employed a number of pilots, hit men, and body guards. May 1, 2023 at 12:12 a.m. EDT. Garcia Abrego's claim lacks merit. 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. Se dice que Guerra quera que su sobrino tambin llegara a ser gobernador. See Pinkerton v. United States, 328 U.S. 640, 645-47, 66 S.Ct. 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. The girl negotiated with him and they shot him as she walked out? Effect of prior un-Mirandized statements. 264, 136 L.Ed.2d 189 (1996). 3. 21 U.S.C. 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. The indictment stated that Marroqun-Garca met with Garca Abrego and three It is like dying and going to heaven, said Jack T. Donson, a consultant who retired from U.S. Bureau of Prisons. 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. 28. denied, 522 U.S. 878, 118 S.Ct. 3505(a)(1). 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. Garca Abregos growing drug empire. [3] United States intelligence reports state Guerra reared his nephew on car theft before passing down his criminal enterprise. Garcia Abrego initially challenges the admissibility of the foreign bank records under 18 U.S.C. 97-8083). Judge Jose Eligio Rodriguez Alba said the 118-year He stated that he moved between 800 and 1000 pounds of marijuana and 100 kilograms of cocaine per month. We acknowledge that a number of circuits have held that the statutory language, other persons with respect to whom such person occupies a position of organizer, a supervisory position, or any other position of management indicates that the term organizer as used in 848 implies a position carrying some degree of managerial authority rather than a position characterized by mere coordination of various players. Juan Garca brego le tema a los aviones y en el momento de que sera extraditado a Estados Unidos, se negaba a subir a la aeronave y varios agentes tuvieron que empujarlo a la fuerza para que lo hiciera. This is FRONTLINE's old website. 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?
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