juan garcia abrego wife
Revenge is the apparent motive, but Garcia Abrego notes that the jury received a Pinkerton instruction in connection with the conspiracy to possess cocaine with intent to distribute count which instructed the jury that, if it found Garcia Abrego guilty of that count, it could convict him of any substantive drug offenses committed by a coconspirator in furtherance of the conspiracy even though Garcia Abrego did not participate in the substantive offenses or have any knowledge of them. Campos (. The funds in the Swiss and Cayman Islands accounts were traceable to accounts in McAllen, Texas owned by the Casa de Cambio Nuevo Leon and the Casa de Cambio Colon, two exchange houses located in Monterrey. Being a physician, I have to. 900, 133 L.Ed.2d 834 (1996), and vacated on other grounds, Moore v. United States, 519 U.S. 802, 117 S.Ct. Mexican law enforcement officials arrested Garcia Abrego in Monterey, Mexico on the night of January 14, 1996. 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. Olano, 507 U.S. at 735, 113 S.Ct. 404(b). Because we have concluded that Garcia Abrego's convictions for laundering money in violation of 1956(a)(1)(A)(i) and (a)(2)(A) are sustainable on a theory of coconspirator vicarious liability, we necessarily conclude that sufficient evidence exists for the jury to have concluded beyond a reasonable doubt that Garcia Abrego knowingly participated in a conspiracy, one of the objects of which was to commit money laundering offenses involving drug proceeds. More on Garcia Abrego, check out this documentary: Lictor Hazael Marroquin Garcia Death Certificate. The hypothetical question itself was obviously not the basis of Dr. Coleman's opinion. After a four-week trial, a jury needed only 12hours to convict Garca Abrego on all charges. Notorious drug kingpin Juan Garcia Abrego, center, is escorted from the federal courthouse by federal agents Tuesday, Jan. 16, 1996, in Houston. 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. Additionally, Resendez testified that he picked up money in the United States for Garcia Abrego in 1993. And for sure, they don't make them like that no more. I have to. Flores car was sprayed with gunfire by gunmen waiting at the entrance to the newspaper's offices. Specifically, Ricardo Garza testified that Garcia Abrego had Oscar El Profe Lopez Olivares kill Casimiro Espinoza in order to eliminate drug trafficking competition in the Matamoros area. A search of the vehicle revealed U-Haul boxes filled with bundles of U.S. currency. K.Admissibility of Evidence Regarding the Effects of Habitual Valium Use. 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. In one of numerous mysteries in the case, it's not clear another driver now in custody murdered Balderas, Figueroa and their The van drove to the Ridgeside residence and backed up to the residence's garage. 1977 Kenworth Truck Tractor and a flat-bed trailer were stolen in San Antonio. Este cabrn era sobrino de Guerra y una de sus promesas de campaa era que dejaran de robar carros en Matamoros. denied sub nom., 522 U.S. 1034, 118 S.Ct. 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. Alberto Sicilia Falcn, el narco cubano que domin Tijuana y se fug de Lecumberri por un tnel al estilo "Chapo", Lder de "Los Dormidos" y chofer de Flix Gallardo: Los inicios del "Chapo" Guzmn en el narcotrfico, El narco cumple una condena de 11 cadenas perpetuas. 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. Garcia Abrego does not contend that the government or the district court failed to comply with any of the above safeguards. See Rutledge v. United States, 517 U.S. 292, 116 S.Ct. campaign to sell their muckraking expose on Gulf cartel boss Juan Garcia Unaware of the charges he faced in the U.S., Given Dr. Coleman's testimony regarding his medical education and substantial experience in prescribing Valium, we cannot say that the district court abused its discretion in concluding that Dr. Coleman possessed the requisite knowledge, skill, experience, training, or education to testify competently regarding the effects of habitual Valium use. That rumor started when the Cuban "narco-satanico" was in that same area peddling drugs and killing whites boys. 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. 1956(a)(2)(A), which criminalizes the transportation, transmission, or transfer of a monetary instrument or funds from a place inside the United States to a place outside the United States with the intent to promote the carrying on of a specified unlawful activity. trafficker. The indictment stated that Marroqun-Garca met with Garca Abrego and three It is worth noting that Don Juan's father, Don Jos, is also unfaithful to his wife and careless of his reputation. See Miller, 116 F.3d at 682. [15], In 1991, a principal member of the Gulf Cartel, Toms "Gringo" Snchez, ordered the killing of a Colombian drug trafficker in a prison in Matamoros. Garcia Abrego next contends, without explanation, that admission of the records violated Rule 404(b) of the Federal Rules of Evidence. In that case, the defendants argued that the government's granting immunity to its witnesses while denying immunity to [the defendants' prospective witness] skewed the evidence against [the defendants] and denied them a fair trial. Id. In 1976, Carlos Resendez, a long time friend of Garcia Abrego, delivered approximately 300 kilograms of marijuana to him. Section 1956(h) provides as follows: Any person who conspires to commit any offense defined in this section or section 1957 shall be subject to the same penalties as those prescribed for the offense the commission of which was the object of the conspiracy. Garcia Abrego claims that insufficient evidence exists to support his convictions of money laundering in violation of 18 U.S.C. A special agent for the Criminal Investigation Division of the Internal Revenue Service testified that, on February 1, 1989, Alexander Guzman and Hector Castano had driven the van to Memorial City Mall. A:I am not certain what the-qualifications are needed to be an expert on this medication. 1978, U.S. authorities stated that Marroqun-Garca met with Garca Abrego and In support of his contention that the medication that he received precluded a voluntary waiver, Garcia Abrego points to essentially the same expert testimony to which he points in support of his contention that his custodial statement was involuntary.18 For the same reasons outlined in Part III.I, supra, we conclude that the district court had an adequate basis for concluding that the medication that Garcia Abrego received did not render him mentally impaired at the time law enforcement authorities read him his Miranda rights. in. As noted earlier, Rivas testified that the Almeda-Genoa warehouse was a potential delivery point for the organization's cocaine. This is a criminal subculture, said Donson, who worked in the federal prison system for 23 years. We also note that Garcia Abrego's proposed instruction, while perhaps not a technically inaccurate statement of the law, at a minimum had the potential to confuse or mislead the jury. "Kike Crdenas" was a son of Homero Enrique "El Majadero" Crdenas Guilln, as mentioned in . Rather, he merely claims that a handful of the government's witnesses could not have constituted his supervisees.12 We find it highly improbable that, in finding Garcia Abrego guilty of conducting a CCE, the jury rested its verdict upon Garcia Abrego's association with such individuals rather than upon his association with the numerous individuals whom the jury could have correctly concluded were his supervisees. Garca Abrego's lawyer, Mr. Canales, stated it was "a symbolic grab at nothing" since Garca Abrego did not reside in the United States nor have any assets in the country. Hay un reporte de la DFS que dice que El Cacho se ali Rafael Chao Lpez y otros cabrones que no aprobaba Guerra y que por eso le dieron cuello. Clearly the jury was presented with sufficient evidence for it to rationally conclude beyond a reasonable doubt that a wide-ranging criminal conspiracy of which Garcia Abrego knew and in which he participated existed. Garcia Abrego called Dr. Coleman as a witness. 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. Count 2 was based upon the seizure of $4,012,549 on February 4, 1989 from a secret compartment in a van at Rapid Truck Repair in Houston. 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. The district court imposed a sentence consisting of concurrent terms of life imprisonment followed by concurrent five-year terms of supervised release for the CCE count and for each count of possessing cocaine with intent to distribute. 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. Juan Nepomuceno Guerra Crdenas: Needs no introduction. Un misterio es como, de donde, agarro fuerza OCG y para que los viejos lo aceptarn cmo el jefe. Arrest warrants had also been issued in the past but Pursuant to Garcia Abrego's orders, Carlos Resendez acted as an intermediary through whom other members of the group, including Oscar Malherbe and Luis Medrano, went in order to meet with Garcia Abrego. 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. Marroqun-Garca drove the vehicle to In United States v. Miller, 830 F.2d 1073, 1078 (9th Cir.1987), the Ninth Circuit rejected a Confrontation Clause challenge to the admission of foreign bank records under 3505. R. Evid. Under the plain error standard, we may reverse only if (1) there was error (2) that was clear and obvious and (3) that affected [Garcia Abrego's] substantial rights. United States v. Dupre, 117 F.3d 810, 817 (5th Cir.1997), cert. The novelty of the statute is to admit the records without confrontation by the defendant with the recordkeepers. See Lindsey, 123 F.3d at 985-86.We have no occasion here to determine whether an individual must exercise managerial authority over another individual in order to be considered an organizer as to that individual for purposes of 848 or whether the district court's instruction was erroneous because of its failure to elucidate such a managerial authority requirement, should it exist, because our review in this case is limited to a review for plain error. For the foregoing reasons, we AFFIRM the district court's judgment of conviction and sentence. Francisco Perez testified that Fernando Herrerra was in charge of managing Garcia Abrego's drug proceeds. plotted the murders of the couple, investigators say. His family, including his ex-wife and five children, live nearby . We disagree. 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. at 6, reprinted in 1984 U.S.C.C.A.N. 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. you read, he is depicted as an anti-drug crusader or corrupt The legislative history of 3505 bears out this conclusion. Learn more about FindLaws newsletters, including our terms of use and privacy policy. 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. 8. [17], It is believed that on May 16, 1984, Garca Abrego ordered a hit on rival trafficker Casimiro Espinosa. Additionally, as with a challenge to the voluntariness of a confession, when the defendant challenges the validity of his waiver of his Miranda rights, the government bears the burden of proving the validity of the waiver by a preponderance of the evidence. Juan Garcia Abrego. Oscar Malherbe de Leon, the supposed heir to Juan Garcia Abrego, is believed to 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 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. without supervision. This testimony indicates that Garcia Abrego exercised indirect managerial authority over him. 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? As confrontations with rival groups heated up, Osiel Crdenas sought and recruited over 30 . I know the one on the far left is Juan Guerra Nepomunicino. were valuable objects in the house that were not taken, However, the authorities that Garcia Abrego cites in support of this proposition establish nothing more than that the jury charge must inform the jury of the Pinkerton principle in order for a conviction of a substantive offense to be sustainable on the basis of coconspirator vicarious liability. We therefore reject this argument. There is nothing but truth in your words. Law enforcement officials observed Lopez comply with these orders on April 7, 1997. 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. After his return to Monterey, Garcia Abrego purchased several million dollars worth of properties, including ranches, which he used as hideouts. Cordona and Cortez took the van to a residence on Langbourne Street in Houston. Some who knew the two speculate on what would have been of [15], Two years after the 1984 clinic shoot out, Ernesto Flores, an editor for the Mexican daily newspaper El Popular, was executed. Garcia Abrego has cited no authority in support of this contention. Garcia Abrego asserts that the funds at issue in these counts were not exported to Matamoros, Mexico. Count 17 was based upon the seizure of 850 kilograms of cocaine recovered from a warehouse on Sunshine Strip in Harlingen leased to Benito Gonzales and a truck that was searched shortly after it left the warehouse. Medrano told Vega that he would receive the money from Jesse Ceballos and Juan Ibarra in Houston. 2. This would indicate that compliance with the notice requirement is not a precondition of admissibility. Shortly after arriving in Houston, Garcia Abrego was released into United States custody and was taken to the Houston FBI office. Finally, Garcia Abrego contends that admission of the foreign bank records violated Rule 802, which generally precludes the admission of hearsay. 848. There is a Stainless steel toilet/sink/water source combination. The district court's admission of foreign records of financial transactions into evidence violated 18 U.S.C. Gen. Antonio Lozano Gracia, himself was charged with taking bribes from drug traffickers. legendary drug kingpin Juan Garca Abrego instilled fear. 13. Yolanda Figueroa, a prominent Mexican journalist, her husband and three U.S. Attorney Guerra explained his reasoning for, Abregos release. Have you ever studied the subject in your particular area of expertise? He also relies on the district court's statement in connection with a hearing regarding disqualification of counsel on the basis of conflicts of interest that Garcia Abrego did not understand the conflicts issue and also [did] not have a rudimentary understanding of his constitutional rights and of the judicial process that now affects his future. At the hearing that formed the basis of the above statement by the district court, Garcia Abrego disavowed any prior experience with the United States judicial system. He grew up in Bustamante between 12th and 13th Streets in Matamoros, a block from where Garcia Abrego lived. FBI agents followed the blue pickup to the Nole Hace Ranch, which is located near Clute, Texas. He also moved to Monterey, a city deeper inside Mexico than Matamoros, and essentially went into seclusion so that he was not accessible to people outside his organization. See United States v. Ponce, 8 F.3d 989, 998 (5th Cir.1993). And as the couple's book was selling out in No community reviews have been submitted for this work. 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. [4], Garca Abrego is widely known for innovating Mexican trafficking operations, turning them from smugglers into suppliers. 1084, 140 L.Ed.2d 141 (1998). Now a series of cases prosecuted in Houston offers a rare look inside Garca Abrego's operation. See United States v. Tucker, 137 F.3d 1016, 1036 (8th Cir.1998) (holding that the district court did not abuse its discretion in denying the defendant's proposed instruction because it had the potential for misleading the jury and would have focussed the jury's attention on collateral issues). never know. 6. 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. juan garcia and juan guerra are recognizable but I don't know about the rest. Thus, we cannot say that the district court's determination that the medication that Garcia Abrego received did not render him mentally impaired at the time of his interview with law enforcement officials was clearly erroneous.16. The court, for good cause shown, however, can grant relief from the waiver. recent years.). 1956(h). Garca Abrego permitted him to do so in exchange for US$200k per airplane flying through the region. 7. Juan Garcia Abrego is currently imprisoned at the United States Penitentiary (USP) located in Hazelton, West Virginia. 401 (Relevant evidence means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence. (emphasis added)); cf. 1. sentence was a symbolic gesture because of the brutality of the crime, Matamoros, where it was later resold. See Fed. denied sub nom., 520 U.S. 1149, 117 S.Ct. Garcia Abrego conclusorily argues that insufficient evidence existed for the jury to conclude beyond a reasonable doubt that he acted as an organizer, supervisor, or manager of five or more individuals in his narcotics trafficking activities. and left prison. Therefore, you must carefully evaluate the testimony of any government witness who is cooperating, or has cooperated, in exchange for or with the hope that the prosecutor will file a 5K1.1 motion or Rule 35 motion to reduce the sentence of the witness. Examination of the recordkeepers by counsel for [the defendant] could not reasonably be expected to establish anything more or less than that. (b)At the arraignment or as soon after the arraignment as practicable, a party intending to offer in evidence under this section a foreign record of regularly conducted activity shall provide written notice of that intention to each other party. Though he was in hiding, Garcia Abrego continued to meet with members of his organization to discuss the drug business. Already, the crime has undermined attempts to 3. 736, 116 L.Ed.2d 848 (1992), the Court clarified that Roberts stands for the proposition that unavailability analysis is a necessary part of the Confrontation Clause inquiry only when the challenged out-of-court statements were made in the course of a judicial proceeding. Id. Even when these criteria are satisfied, we should exercise our discretion to reverse only if the error seriously affects the fairness, integrity or public reputation of judicial proceedings. Id. Based upon this testimony, in connection with the circumstantial evidence surrounding the two seizures at issue in count 10, the jury could reasonably infer that the drug offense described in count 10 was committed by Garcia Abrego's coconspirators in furtherance of the conspiracy.