He began his career of criminality in the 1930's, trafficking alcohol into the U.S. during . The court sentenced Garcia Abrego to concurrent 240-month terms of imprisonment followed by concurrent 3-year terms of supervised release for the count of conspiracy to launder money and for each of the substantive money laundering counts. Rather, he contends that due process', fundamental fairness and an accused's meaningful right to some parity in the compulsory process of witnesses will [not] tolerate a system that permits only one side of the adversary process to utilize non-reciprocal incentives to entice witnesses. This court rejected a virtually identical argument in United States v. Thevis, 665 F.2d 616 (5th Cir. 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. Lctor Hazael Marroqun Garca: The best friend of Juan Garca Abrego. For the foregoing reasons, we AFFIRM the district court's judgment of conviction and sentence. at 6, reprinted in 1984 U.S.C.C.A.N. Carlos Rodriguez testified that he began trafficking cocaine at the direction of Medrano and Malherbe in 1986 and that they dictated the Colombian cartel with whom he was allowed to do business. Garca Abregos growing drug empire. 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. See Fed. 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. On cross-examination, the government asked Dr. Coleman a number of questions regarding his medical education, training, and experience. Mexican and U.S. authorities are hoping he will help with future Garca Abrego permitted him to do so in exchange for US$200k per airplane flying through the region. Garcia Abrego, reputed head of the Gulf cartel, a powerful drug-dealing organization based just across the border in Matamoros, is to be arraigned Tuesday in Houston on charges of drug . Also among the dead were Garcia's son, Daniel Enrique Laso, and two women who died while shielding Garcia's baby and 2-year-old daughter. Learn more about FindLaws newsletters, including our terms of use and privacy policy. I remember hearing that he was a Satanist. Garcia Abrego contends that his convictions for these substantive drug offenses are not sustainable on a theory of coconspirator vicarious liability. [15], Two years after the 1984 clinic shoot out, Ernesto Flores, an editor for the Mexican daily newspaper El Popular, was executed. The cocaine was smuggled across the border and stockpiled in the Brownsville, Texas area. The hypothetical question itself was obviously not the basis of Dr. Coleman's opinion. 14. Garca Abregos best friend 382, 385, 130 L.Ed.2d 225 (1994). whether the family was killed because of what he did, or she We will Furthermore, Tony Ortiz testified that, in November 1992, he delivered approximately $40,000 to Medrano for use in bribing a Mexican official. but distributes all over the U.S. as far north as Michigan and New York. Q:All right. [18], Prior to Garca Abrego's arrest he had been discussing terms in which he would surrender to authorities. The murders of Yolanda Figueroa, her Saludos Compa MX, ah le mando una chela. the first page of the book Figueroa wrote about the drug 3578, 3580. 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. Insofar as more direct efforts are concerned, DeLaO asked Garcia Abrego in a subsequent telephone conversation what had happened to the member of Martinez's group from whom he had acquired information. 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. Romero said that Balderas had been charged with extortion while in his post and with rape after leaving the city government in 1994. Testimony presented by the government will invariably be prejudicial to a criminal defendant. Upon Garca Abrego's arrest a book detailing the scale of bribery was located. 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. He had control of the gulf Cartel, no problems like today. On the second attempt, Juan Ibarra told him that he could not pay the $100,000 because the group was attempting to reestablish protection in Mexico. Sentencing judges are powerless to reduce the sentence of a cooperating witness below the mandatory minimum or applicable guideline unless the prosecutor files the 5K1.1 motion or Rule 35 motion on behalf of a witness. Juan Garcia Abrego (born 13 September 1944) was a leader of the Gulf Cartel under his uncle Juan Nepomuceno Guerra. 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. denied, 522 U.S. 902, 118 S.Ct. 1880, 1884-85, 68 L.Ed.2d 378 (1981) (holding that, once the accused asserts this Fifth Amendment right to counsel and thereby expresse[s] his desire to deal with the police only through counsel, [he] is not subject to further interrogation by the authorities until counsel has been made available to him, unless the accused himself initiates further communication, exchanges, or conversations with the police).[T]his court has repeatedly held [that] we will not review arguments raised for the first time in a reply brief. NLRB v. Cal-Maine Farms, Inc., 998 F.2d 1336, 1342 (5th Cir.1993). 801(d)(2) (defining statements of a party and statements of a party's coconspirator made during and in furtherance of the conspiracy as nonhearsay when such statements are offered against the party). In Roberts, the Supreme Court stated, when a hearsay declarant is not present for cross-examination at trial, the Confrontation Clause normally requires a showing that he is unavailable. need your help for this. 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. Dr. Gary M. Coleman examined Garcia Abrego, and concluded that he appeared to be alert[,] was able to converse and answer his questions appropriately [,] did not appear to be somnolent or sleepy, [and did not appear] to be suffering from an excessive amount of any certain medication at the time. Additionally, the law enforcement officials who interviewed Garcia Abrego testified that he showed no signs of impairment at the time of the interview. It is home to the Unabomber Theodore Kaczynski, Boston Marathon bomber Dzhokhar Tsarnaev and former FBI agent Robert Hanssen, who was convicted of espionage. 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. In order to avoid the strictures of Rule 404(b) [regarding the admission of character evidence], all the government need do is suggest a logical hypothesis of the relevance of the evidence for purposes other than to demonstrate [the defendant's] propensity to act in a particular manner. United States v. Krout, 66 F.3d 1420, 1431 (5th Cir.1995). But neither of us are experts. 13. 1770, 1776-79, 123 L.Ed.2d 508 (1993). Agent Claudio DeLaO testified that, during conversations with Luis Medrano, Medrano referred to Garcia Abrego as El Jefe and Patron, both Spanish words signifying substantial authority. See United States v. Griffith, 118 F.3d 318, 322-23 (5th Cir.1997). 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. Garcia Abrego had dominated cocaine . legendary drug kingpin Juan Garca Abrego instilled fear. But the replacements like el mata amigos were not better and about the table scraps left by the likes of former governor, federal congressman and federal senator who has never been touched by the law, manuel cavazos lerma, who helped legislate the demise of PEMEX along with accused drug trafficking and accused money launderer Manlio Fabio Beltrones, "la fabis" la secretaria, don beltrone, who assisted former army captain and DFS founder Fernando Gutierrez barrios in all his crimes of state even before he came to likc carlos salinas de gortari's assDon Beltrone paid for getting his record cleaned on the US with "legislation" to fuck up PEMEX, for EPN's "Reforma Energetica" along with cavazos lerma. Vega testified that he then went to Houston, met up with Oscar Abelenda, a cocaine dealer who was a customer of Ceballos. See United States v. Flores, 63 F.3d 1342, 1363 (5th Cir.1995). In addition to protecting against a second prosecution for the same offense after acquittal or conviction, the Double Jeopardy Clause protects against multiple punishments for the same offense. Brown v. Ohio, 432 U.S. 161, 165, 97 S.Ct. 2536, 2540-41, 81 L.Ed.2d 425 (1984); see also United States v. Halper, 490 U.S. 435, 450, 109 S.Ct. Marroqun Garca was then deported back to Mexico. Garcia Abrego has alleged no abuse on the part of the government in this case. "Well, we didn't know he was A conviction for [CCE] requires proof that a defendant organized, supervised or managed five or more persons in a continuing series of drug violations from which the defendant obtained substantial income. United States v. Sotelo, 97 F.3d 782, 789 (5th Cir. If you're a hardcore criminal, killer, ain't no half stepping. In the whole scheme, six truck tractors, three truck trailers, Dr. Coleman testified that he graduated from medical school and subsequently received six years of training in internal medicine. Garca Abrego [4] Garcia Abrego was involved in car theft activities since the 1970s along with his best friend Lctor Hazael Marroqun Garca. This court rejected the defendants' argument, noting that [n]o Fifth Circuit case has upheld a grant of immunity by a trial court, and our cases have strongly suggested, without specifically deciding, that courts lack such power under any circumstances. Id. However, after the jury returned a verdict of guilty with respect to all counts, the district court dismissed the drug conspiracy count because it constituted a lesser-included offense of conducting a CCE.

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