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Defendant. :
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Defendant. :
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PRELIMINARY STATEMENT
between the United States and Mexico. Extradition Treaty, U.S.-Mexico, art.
The defense recognizes that the Second Circuits recent decision in United
States v. Barinas, __ F.3d __, 2017 WL 3197535 (2d Cir. July 28, 2017),
1
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appears to preclude this Court from granting this motion on the ground that
Mr. Guzman lacks standing. Nevertheless, because the circuits are divided
over the standing question, and because we respectfully submit that Barinas
was wrongly decided, the defense brings this motion to preserve Mr.
FACTS 1
made by the government of the United States that Mr. Guzman be extradited
the Southern District of California (SDCA) (95 CR 973) and the Western
District of Texas (WDTX) (12 CR 849). Mr. Guzman challenged these grants
2017, the Fifth Collegiate Panel Court for Criminal Matters in Mexico City
confirmed the judgments of the lower courts in Mexico and denied Mr.
1
The facts underlying this motion are based on a redacted Spanish language
document titled, in English, Consent to the Exception to the Rule of Specialty and
the Draft English Translation of that document (Redacted Consent Agreement)
provided by the government in discovery. We provide other facts on information and
belief, based on the defense teams investigation, including discussions with those
who were involved with Mr. Guzmans extradition from Mexico.
2
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Guzmans appeals. Id. As is clear from the face of the Redacted Consent
made to the Mexican government. Id. at Bates No. 467-468. Certainly Mr.
Guzman and his attorneys in Mexico were never served with such a request.
The indictment in the SDCA charges Mr. Guzman with one count of
of 21 U.S.C. 848(b)(1). Except for the murder count, the WDTX indictment
alleges that all the charged conduct occurred between January 1, 2000, and
April 11, 2012. The murder count alleges acts between September 3, 2009
3
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The requests for Mr. Guzmans extradition to the WDTX and the SDCA
required under the Extradition Treaty between the United States and
WDTX, the United States submitted the declaration of Jesus Manuel Fierro
time the government submitted the sworn declaration of Fierro Mendez, the
swore in his declaration that he had personally met Mr. Guzman and had
been personally present and observed Mr. Guzman negotiate a firearms deal.
government, swore under oath that he never met Mr. Guzman. See United
2
Though the government refused to provide Mr. Guzman with any discovery
related to his extradition, except for the Consent Agreement and the Draft
Translation, defense counsel were able to obtain the extradition petitions relating to
the WDTX, which included the declarations of five civilian witnesses, and the
SDCA, which included the declarations of two civilian witnesses.
3
See Declaration of Jesus Manuel Fierro Mendez and a Draft English Translation
of the same, attached hereto as Exhibit B. The Declaration is dated 11-1-2012. It is
unclear if this refers to November 1 or January 11, 2012.
4
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25; see also Dkt. No. 846 at 168-69 (March 4-6, 2010). Further, Fierro
in other respects. At trial, he claimed he did not begin working for the drug
traffickers until he left the police force in Ciudad Juarez, Mexico in April of
2007. Id. Dkt. No. 846 at 135; Dkt. No. 847 at 5, 27-28. His declaration, in
contrast, claimed he began working for the traffickers in 2005. He also stated
as a police officer until 2008. In his trial testimony, Fierro Mendez admitted
to lying to U.S. federal agents about whether he had been the victim of an
accidental shooting that rendered him disabled and forced him to resign from
was not provided to the government of Mexico. Nor was the government of
Mexico alerted to the fact that claims made in Fierro Mendezs declaration
District Court for the WDTX. Given that the Assistant United States
Attorney who submitted the affidavit in support of the request for Mr.
5
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claim that it was unaware of the above inconsistencies when it requested Mr.
Guzmans extradition. 4
for Mr. Guzmans extradition to the SDCA. The affidavit contains a summary
of the facts and evidence that were presented to the government of Mexico in
4
Defense counsel was able to locate Fierro Mendezs trial testimony by combing the
public docket after obtaining the WDTX extradition requesta document the
government refused to disclose in discovery. As the Court is aware, the government
has provided no discovery relating to Mr. Guzmans extradition (except for the
Consent Agreement and Draft Translation), nor has it provided any Brady material.
We were unable to find trial testimony as to any of the four other civilian witnesses
who provided declarations in support of the extradition request made by the WDTX.
Therefore, defense counsel is not in a position to establish whether other declarants,
in addition to Fierro Mendez, lied in their declarations submitted to the Mexican
government.
5
While both Martinez-Martinez and the other cooperating witness have testified in
United States District Courts as cooperating witnesses, only Martinez-Martinezs
testimony is publicly available. The testimony of the other cooperating witness has
been sealed and has not been provided to the defense by the government. Therefore,
the defense is not in a position to demonstrate falsehoods in this witnesss
declaration.
6
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claimed to have personally worked for Mr. Guzman from 1987 until 1993,
when Mr. Guzman was arrested. See Declaration of Miguel Angel Martinez-
job with the cartel was to arrange shipments of cocaine from Colombia to
Mexico and that he was placed in charge of flights from Colombia to Mexico.
Uribe. 6 Martinez-Martinez further claimed that the February 28, 1988 flight
was the first of approximately 160 such flights. Id. at 2. He then continued
to relay details about the 160 flights, implying first-hand knowledge of the
details of such flights and that the flights were conducted in the same
Uribe. Id. at 2.
6
There appears to be no public record of a case against any Carlos Uribe matching
Martinez-Martinezs description of a major Colombian drug trafficker, nor does
there appear to be any news account of a Colombian drug trafficker by the name
Carlos Uribe.
7
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these 160 alleged flights and that he was physically present in Colombia
when the alleged shipments were transported. When the United States
affidavit.
regarding his first flight to Colombia, and the details regarding his purported
Colombian point of contact for his negotiations for the alleged transportation
of cocaine from Colombia to Mexico, he did not even mention Uribes name in
7
A copy of Mr. Martinez-Martinezs testimony in United States v. Felipe De Jesus
Corona-Verbena, 91-CR-446(TUC)(FRZ) is attached hereto as Exhibit D.
8
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was arranged with Alberto Araujo, a Mexican working for the cartel in
cocaine from him, but denied that he had made the arrangements to
that it was Araujo who had made the specific arrangements for the alleged
himself was only physically present for two such cocaine flights. Id. at 17-29,
124, 135. He further testified that he did not coordinate all of the
with whom [he] began cooperating. Id. at 103. Nonetheless, the United
Mexican government, but also failed to alert the Mexican government to the
9
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declaration which, if known, would cast doubt on the veracity of his affidavit.
The United States government further hid from Mexico that Martinez-
habit of four grams of cocaine a day for the fifteen years preceding his arrest.
Id. at 126-127. This was another important fact that the Mexican government
should have been made aware of when deciding whether to rely on Martinez-
corpus proceedings), which were denied on October 20, 2016. At some point
after his arrest, Mr. Guzman was transferred to a prison near Juarez. He
appealed the denial of his amparos. On January 19, 2017, while Mr. Guzman
was imprisoned in Juarez and his attorney was in the same city preparing to
visit him, the Fifth Collegiate Panel Court for Criminal Matters in Mexico
City heard and denied Mr. Guzmans appeal of the extradition orders. That
same day, suddenly and without warning to Mr. Guzmans attorneys, Mr.
On the same date, January 19, 2017, the United States government,
10
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Guzman was spirited out of Mexico, he was in custody for the charges for
which extradition had been grantedthe charges pending in the SDCA and
government that Mr. Guzman was being held only for the charges pending in
California and Texas, the plane carrying Mr. Guzman headed straight for
detail, the charges pending against Mr. Guzman in the EDNY as well as a
defense has not seen the Request for Exception or the affidavits attached to
8
The government has refused to provide the Request for Exception. The only
documents relevant to extradition that the government has provided to the defense
are the Consent Agreement and the Draft Translation. The Consent Agreement
purports to quote the Request for Exception, which describes Mr. Guzmans custody
status on January 19, 2017.
9
The government describes the Request for Exception as including: (1) an affidavit
from an Assistant United States Attorney (AUSA); (2) an affidavit from a law
enforcement officer; (3) affidavits from cooperating witnesses; (4) the text of
pertinent United States statutes; (5) certified copies of the indictment and arrest
warrant for the defendant; and (6) documentary evidence, such as seizure
photographs and lab reports, submitted as exhibits to the law enforcement agent
affidavit. See Dkt. No. 84 at n.1.
11
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hundreds of pages and each petition is more than five inches thick when
issue an opinion concerning the Request for Exception. See Exhibit A at Bates
No. 471. Miraculously, this request for a legal opinion was also allegedly
made on January 19, 2017, perhaps as Mr. Guzman was 30,000 feet in the
air, flying farther and farther away from San Diego and El Paso. Even more
opinion concerning the Request for Exception on the same day. Id.
in its original Spanish iteration, is also dated January 19, 2017. 10 In the
10
The tale of all that occurred on January 19, 2017, strains credulity. The
governments of the United States and Mexico would have the Court and Mr.
Guzman believe that the Request for Exception (an inches-thick document of
hundreds of pages) was presented to the Mexican government on January 19 and
that, on the same day, the Mexican Foreign Ministry, through an official letter,
asked for and received the Mexican Attorney Generals Offices opinion on the
Request and that the Mexican Foreign Ministry then completed and signed the
eighty-seven page Consent Agreement. Such a sequence of events is unlikely.
Furthermore, Mr. Guzman requested the extradition documents during his first
court appearance before Magistrate Judge Orenstein on January 20, 2017. The
government resisted providing the Consent Agreement to the defense until the
Courts order of February 11, 2017. The government finally disclosed the Consent
Agreement on February 14, 2017.
12
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charges contained in the Request for Exception were different from those for
the face of the Redacted Consent Agreement, the Mexican Office of Foreign
ARGUMENT
A. Legal background
other than the crime for which he has been extradited. United States v.
Yousef, 327 F.3d 56, 115 (2d Cir. 2003) (quoting United States v. Alvarez
Machain, 504 U.S. 655, 659 (1992)). This doctrine also requires the receiving
United States v. Andonian, 29 F.3d 1432, 1435 (9th Cir. 1994). Under Second
13
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courts may consider whether the surrendering country has objected or would
object to what actually took place after extradition. See, e.g., Fiocconi v.
Attorney General, 462 F.2d 475, 481 (2d Cir. 1972). Where no record of the
extraditing nations view exists or if the record is unclear, courts should look
whether the extraditing country could have anticipated the event the
defendant protests. See United States v. Paroutian, 299 F.2d 486, 491
specialty is whether extraditing country would consider acts for which the
extradited).
The Extradition Treaty between the United States and Mexico contains a
14
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Id.
offenses other than that for which the extradition has been granted. He was
extradited only for the charges currently pending in the SDCA and the
WDTX. Extradition has never been granted for the charges he faces here in
New York. Accordingly, this Court lacks personal jurisdiction over Mr.
Guzman, see, e.g., United States v. Yousef, 327 F.3d 56, 115 (2d Cir. 2003)
federal court resolve his grievance. This inquiry involves both constitutional
Kowalski v. Tesmer, 543 U.S. 125, 128 (2004) (internal quotation marks
omitted).
invoke the rule of specialty in the same case where the Court first recognized
15
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the doctrine of specialty itself, United States v. Rauscher, 119 U.S. 407
(1886). That case is still the Supreme Courts only word on the subject, and
no subsequent pronouncements from the Court have cast any doubt on the
holding.
United States tried and convicted him on a charge of inflicting cruel and
States law. Id. at 40911. The applicable extradition treaty, however, listed
murder as an extraditable offense but did not list the crime of which he was
convicted. Id. Though Great Britain did not officially object, the Court held
that a person who has been brought within the jurisdiction of the court, by
virtue of proceedings under an extradition treaty, can only be tried for one of
the offenses described in that treaty, and for the offense with which he is
charged in the proceedings for his extradition . . . . Id. at 430. The Court
distinguished between the United States (where treaties are the law of the
land equivalent to acts of a legislature) and other nations (where treaties are
been handled by the Crown, but in the United States Rauscher contemplates
16
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[A] treaty may also contain provisions which confer certain rights
upon the citizens or subjects of one of the nations residing in the
territorial limits of the other, which partake of the nature of
municipal law, and which are capable of enforcement as between
private parties in the courts of the country . . . . The Constitution
of the United States places such provisions as these in the same
category as other laws of Congress, by its declaration that This
Constitution and the laws made in pursuance thereof, and all
treaties made or which shall be made under authority of the
United States, shall be the supreme law of the land. A treaty,
then, is a law of the land, as an Act of Congress is, whenever its
provisions prescribe a rule by which the rights of the private
citizen or subject may be determined. And when such rights are of
a nature to be enforced in a court of justice, that court resorts to
the treaty for a rule of decision for the case before it as it would to
a statute.
Id. at 41819 (emphasis added). Though the rights conferred under the treaty
specialty rights are also conferred under the contract to the individuals who
are the objects of the contract. [I]t is impossible to conceive of the exercise of
jurisdiction in such a case for any other purpose than that mentioned in the
extradited, and of bad faith to the country which permitted his extradition.
Id. at 422.
17
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proposition that the rights of persons extradited under the treaty cannot be
enforced by the judicial branch of the government, and that they can only
Id. at 431.
Following Rauscher, the Tenth Circuit has held that a defendant may
raise a specialty claim. See United States v. Levy, 905 F.2d 326, 328 n.1
(10th Cir. 1990) (relying on Rauscher for the proposition that defendant had
Circuits have similarly held that a defendant can raise a specialty challenge,
but only to the extent that the extraditing country could raise it. See, e.g.,
United States v. Thirion, 813 F.2d 146, 151 n.5 (8th Cir. 1987) (The
(An extradited person may raise whatever objections the extraditing country
F.3d 1567, 1572 (11th Cir. 1995) (We hold that a criminal defendant has
18
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At least three circuits have decided this question in the other direction.
The Third Circuit held that only the parties to the treaty may raise a
specialty issue. See United States ex rel. Saroop v. Garcia, 109 F.3d 165, 168
(3d Cir. 1997) (Had [petitioner] brought suit invoking the [extradition]
treaty or the Rule of Specialty, she would lack standing.) (footnote omitted).
So, too, has the Seventh Circuit. See Matta-Ballesteros v. Henman, 896 F.2d
255, 259 (7th Cir. 1990) (It is well established that individuals have no
treaty [contains] language indicating that the intent of the treaty drafters
omitted).
submit that Barinas was wrongly decided, is inconsistent with Rauscher, and
that Mr. Guzman does have standing to invoke the specialty clause of the
19
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the United States 477, comment b (June 2017 update) (Both the person
doctrine. While the case law in the United States and elsewhere is not
consistent, it appears that the person extradited has standing to raise the
II. The Court should dismiss the Indictment despite the Consent
procured from Mexico.
prosecution, and punishment for offenses beyond those for which extradition
was granted unless Mexico has given its consent. Here, the government
contends that Mexico has given such consent, relying on the Redacted
Consent Agreement. That document does not preclude the granting of this
motion.
does not indicate that Mexico ever consented to the criminal forfeiture
Mexico was even asked to consent to the inclusion of those allegations against
20
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dismissed.
Second Circuit has suggested an American court need not accept a foreign
conclusive on its face. In United States v. Bout, 731 F.3d 233 (2d Cir. 2013),
mistakes of fact. See id. at 240. The Circuits decision to resolve the issue on
the merits indicates that, while American courts will not second-guess the
Specialty, see United States v. GaravitoGarcia, 827 F.3d 242, 247 (2d Cir.
2016), they will review whether to give effect to the foreign nations decision
witness, was false); United States v. Siriprechapong, 181 F.R.D. 416, 420
21
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bad faith and perjury . . .). Cf. Apple & Eve, LLC v. Yantain North Andre
Juice Co., 610 F. Supp. 2d 226, 229 (E.D.N.Y 2009) (noting that while
Here, the Redacted Consent Agreement should not be given effect because
on materially false and misleading assertions and omissions, and (2) the
United States is holding Mr. Guzman under cruel and inhumane conditions
Administrative Measures, which Mexico has not agreed to, and which vitiate
evidence, however, that Mr. Guzman was extradited to face forfeiture charges
22
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Extradition Treaty, Mr. Guzman is being detained, tried, and punished for
offenses other than that for which the extradition has been granted, in
should be dismissed.
laundering charges. But the extradition request did not contain any forfeiture
the indictment. The defendant moved to dismiss, arguing that the pursuit of
relevant part that an extradited person shall not be tried or punished in the
country to which his extradition has been granted for a crime or offence
testified that the forfeiture allegations against the defendant were unlawful
under the applicable treaty because they were not included in the extradition
request. Id. at 574, 575. The proper procedure under such circumstances is,
23
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Id. at 57576. Though the court did not rule definitively on the issue, it
indicated that it was dubious about the propriety of the United States
581.
The same analysis applies here. Mexico and the United States likely
requests from foreign countries, id. at 575, it should have done so here. As
there is no evidence that the United States ever obtainedor even sought
24
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permission from Mexico to pursue the criminal forfeiture charges against Mr.
The Consent Agreement should also not be given effect because it appears
to have been procured based on information that the United States knew or
Texas and California indictments. While the defense has been denied
Request for Exception, similar declarations were presumably provided to, and
The limited information the defense has been able to gather indicates
United States government knew or should have known. The 2012 declaration
Mendez had met Mr. Guzman personally, and had seen him negotiate a
witness for the government, and swore he never met Mr. Guzman. There is
no indication that Mexico was ever made aware of this glaring contradiction.
25
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Nor did the United States apparently ever inform Mexico of other
sworn trial testimony. He claimed at trial, for example, that he did not begin
working for the cartel until he left the police force in April 2007. But in his
cartel two years earlier, in 2005. He also claimed, contrary to his trial
officials about whether he had been the victim of an accidental shooting that
disabled him and forced him to resign from the Mexican police force. As far as
had testified under oath that another Mexican, Alberto Araujo, had arranged
this shipment with a man named Lucas Bettencourt and that his (Martinez-
26
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was personally involved with 160 drug shipments from Colombia to Mexico.
However, during his trial testimony, taken years before he swore to the
affidavit, he stated that he was only physically present on two flights and
that he did not participate in arranging each of the alleged 160 flights.
and a half abuse of cocaine, which only ended upon his arrest.
affidavits that was kept from Mexico is extremely important. Had it been
disclosed, this information would likely have affected not only Mexicos
decision to grant Mr. Guzmans extradition to California and Texas, but also
Martinez were the only witnesses who gave false and inconsistent testimony
the defense has not been allowed access to any of the diplomatic
in camera) that the other information provided to Mexico was truthful and
27
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accepted as valid.
Finally, the Court should decline to give effect to the Consent Agreement
violate his basic human rights, were apparently never disclosed to Mexico,
There is no evidence that Mexico was made aware that Mr. Guzman
would not have consented to Mr. Guzmans detention and prosecution in this
has no access to fresh air, has been cut off from any communication with his
wife (she has still not received the letter he sent more than a month ago), and
thus far has been allowed no contact with any member of his own family,
28
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As the Court is aware, Mr. Guzman has been held in isolation in a Special
arrival in the United States on January 19, 2017. His only outside contact
with human beings is with his legal team. The Justice Departments Office of
former BOP Director and the former Attorney General have both
Id. at 1516.
units like the SHU, even for short periods of time, can cause psychological
29
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and Human Rights of the S. Comm. on the Judiciary, 112th Cong. 75 (2012)
solitary confinement are truly extreme. Serious forms of mental illness can
result from these experiences.). The extreme isolation in the SHU causes
confinement literally drives men mad.). The BOPs own policy also
So grave are the effects of solitary confinement on detainees that the OIG
torture on some level. OIG Report at 21. This conclusion has been echoed by,
30
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among others, the United Nations Special Rapporteur on Torture, who stated
may cause, it can amount to torture, particularly when used during pre-
http://www.un.org/apps/news/story.asp?NewsID=40097#.WXDzTYQrKHt.
The Mexican Governments Consent did not contemplate that Mr. Guzman
certainly would not have agreed to Mr. Guzmans detention and prosecution
on the current charges in this District. Cf. Sadhbh Walshe, Britains Double
http://www.guardian.co.uk/commentisfree/2012/nov/08/britain-double-
computer system, after concluding that, because the accused has Aspergers
isolation in a maximum security prison, would give rise to such a high risk of
him ending his life that the decision to extradite would be incompatible with
31
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given effect.
CONCLUSION
For these reasons, the Court should dismiss the Fourth Superseding
Indictment and grant any other relief that may be just and proper.
Respectfully submitted,
_____ _______/s/________________
Michelle A. Gelernt
Michael K. Schneider
Edward S. Zas
32
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REDACTED
(Official Seal)
- FACTS.
- LEGAL FOUNDATIONS
A. JURISDICTION.
B. REQUEST PRESENTED.
C. INTERNATIONAL COMMITMENT.
D. OPINION OF THE OFFICE OF THE ATTORNEY GENERAL
E. ANALYSIS OF THE REQUEST.
F. STUDY OF THE EQUIVALENCY OF THE REGULATION
G. ANALYSIS OF THE GROUNDS FOR DENIAL
H. ARTICLE 9 OF THE BILATERAL TREATY
I. FINAL CONCLUSION
- DETERMINING FACTORS.
(Stamp)
U.S. DEPARTMENT OF JUSTICE
U.S. EMBASSY
MEXICO CITY
JAN. 19 2017
RECEIVED
0000000464
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REDACTED
AGREEMENT
WHEREAS
1. That through the Agreements dated May 20, 2016, the Government of the United
Mexican States GRANTED to the Government of the United States of America, the
international extradition of Mr. JOAQUN GUZMN-LOERA, to be tried for the
following Criminal Indictments:----------------------------------------------------------------
2) At the Federal District Court for the Western District of Texas, United
States of America, to be tried within the Indictment with Case Number EP-
12-CR-849-FM (also referred to with Case Numbers 3:12-cr-00849-FM,
EP12CR0849 and EP-12-CR-849-FM(1), presented on April 11, 2012, in
which he is accused of the following crimes:-------------------------------------
0000000465
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REDACTED
2.- That against said findings, the cited extradited individual filed
actions for amparo proceedings with numbers 644/2016 and 645/ 2016, which
corresponded to be heard by the Thirteenth District Amparo Judge for
Criminal Matters in Mexico City, who on the date October 20, 2016, ruled
TO DENY the amparo and protection of the federal government to the
defendant.--------------------------------------------------------
3.- Against these judgments, the defendant presented two Appeals for
Review, which were heard by the Fifth Collegiate Panel Court for Criminal
Matters in Mexico City, which in a session on the 19th day of January, 2017,
ruled to CONFIRM the judgments being challenged and to DENY the
amparo and protection of the countrys judicial system, considering that
the Agreements issued by the Secretarys Office complied with the
constitutional and legal requirements for their issuance, and that the
defendants human rights were not violated in the extradition proceedings
which were brought against him.-------------------------------------------------------
0000000466
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REDACTED
5.- That through Diplomatic Note Number 17-0245 dated January 19,
2017, the Government of the United States of America, through its Embassy in
Mexico, presented to the Government of the United Mexican States, - Office
of the Secretary of Foreign Affairs the request for CONSENT TO THE
EXCEPTION TO THE RULE OF SPECIALTY, in accordance with
Article 17, Number 1, c) of the Extradition Treaty between the United
Mexican States and the United States of America, so that Mr. JOAQUN
GUZMN-LOERA, may be prosecuted by the Federal District Court for the
Eastern District of New York, for crimes in addition to those for which he was
extradited, stating the following:------------------------------------
()
Excellency:
In accordance with what is set forth in the Extradition Treaty signed between the United
States of America and the United Mexican States, on May 4, 1978, I have the honor to
formally request from the Mexican Government its consent to try JOAQUN
ARCHIVALDO GUZMN-LOERA, alias El Chapo, alias El Rpido, alias Chapo Guzmn,
alias Shorty, alias El Seor, alias El Jefe, alias Nana, alias Ap, alias Pap, alias Inge, alias El
Viejo, for other charges different from those for which the Mexican government granted the
extradition, in accordance with Article 17(1)(c) of the Extradition Treaty.
The Mexican Government granted the extradition request from the United States against
GUZMN LOERA, through the Agreement dated May 20, 2016, for the purpose of trying
him in the Federal District Court for the Central (sic) District of California, for the charge of
conspiracy to import and possess with the intent to distribute cocaine, in violation of what is
stipulated in Sections 846 and 841 (a)(1) of Title 21 of the United States Code.
In the same manner, through the Agreement dated May 20, 2016, the Mexican Government
granted the request for extradition to the United States against GUZMN LOERA for the
purpose of trying him in the Federal District Court for the Western District of Texas, for the
following charges: conspiracy to direct the affairs of an enterprise through a pattern of
organized crime activities, in violation of what is stipulated in Sections 1962(d) and 1962(c)
of Title 18 of the United States Code; of conspiracy to possess with the intent to distribute
five kilograms or more of cocaine and 1,000 kilograms or more of marijuana, in violation of
what is stipulated in Sections 846, 841(a)(1), 841(b)(1)(A)(ii) and 841 (b)(1)(A)(vii) of Title
21 of the United States Code; of conspiracy to import five kilograms or more of cocaine and
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1,000 kilograms or more of marijuana to the United States, in violation of what is stipulated
in Sections 963, 952(a), 960(a), 960 (b)(1)(B) and 960 (b)(1)(G) of Title 21 of the United
States Code; of conspiracy to commit some crimes in money laundering matters, in violation
of what is stipulated in Sections 1956(h) and 1956(a)(2)(A) of Title 18 of the United States
Code; of conspiracy to possess some firearms for the purpose of promoting some drug
trafficking related crimes, in violation of what is Stipulated in Sections 924 (o) and 924
(c)(1) of Title 18 of the United States Code; homicide, from the moment he involved himself
in a continuing criminal enterprise, and drug-trafficking crime activities, in violation of what
is stipulated in Sections 848(e)(1)(A) of Title 21 of the United States Code; of involving
himself in a continuing criminal enterprise in violation of what is stipulated in Sections
848(b)(1) and 848(b)(2)(A) of Title 21 of the United States Code.
On January 19, 2017, the Mexican Government handed GUZMN LOERA over
to the United States Government. Currently, GUZMN LOERA is imprisoned
under the custody of the United States law enforcement authorities, for the
Charges for which the extradition was granted. As is explained in detail below, an
additional pending case exists against GUZMN LOERA in the Federal District
Court for the Eastern District of New York, which arose from an investigation of
GUZMN LOERAS drug trafficking activities. In accordance with Article 17
(1)(c) of the Extradition Treaty, the United States in the most respectful way
requests that now the Mexican Government authorize the United States to proceed
with this trial.
On May 11, 2016, a Grand Jury presiding in the Eastern District of New York
issued and presented a Fourth Superseding Indictment against GUZMN LOERA
within Case Number 09-466 (SLT) (S-4), accusing him of the following crimes:
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(4) in Charge Four, conspiracy to distribute and possess with the intent to
distribute a controlled substance: to wit, five kilograms or more of cocaine, in
violation of what is stipulated in Sections 846, 841(a) and 841(b)(1)(A)(ii)(II) of
Title 21 of the United States Code;
Marijuana and heroin are Category I controlled substances and cocaine and
methamphetamine are Category II controlled substances, according to Section
812, of Title 21 of the United States Code.
Please note that in accordance with the regulations in the Federal District Court for
the Eastern District of New York, the signature of the Foreperson of the Grand Jury
was redacted in the Fourth Superseding Indictment for security reasons. The redaction
of the Forepersons signature does not affect the validity of the Fourth Superseding
Indictment.
Based on the Charges included in the Fourth Superseding Indictment, the Federal
District Court for the Eastern District of New York issued an arrest warrant against
GUZMN LOERA on May 11, 2016. Said order is still current and enforceable to
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effect the arrest of GUZMN LOERA for the purpose of trying him for the crimes of
which he is accused in the Fourth Superseding Indictment. While the arrest warrant
does not mention each Charge contained in the Fourth Superseding Indictment, the
warrant continues to be valid to carry out GUZMN LOERAS arrest for the purpose
of trying him for each crime of which he is accused in the Fourth Superseding
Indictment.
The facts which establish probable cause to believe that, as leader of the Sinaloa
Cartel, GUZMN LOERA continuous and systematically involved himself in drug
trafficking and money laundering activities, and supervised the activities of thousands
of members of the Sinaloa Cartel. Together with the present Diplomatic Note and in
support of the United States request for authorization to try GUZMN LOERA for
the accusations charged in the Fourth Superseding Indictment, the original sworn
statements o Assistant United States Attorney in the Eastern
District of New York, and of DEA Special Agent are included. In
the sworn statement of the Assistant United States Attorney
describes in detail the charges contained in the Fourth Superseding Indictment and the
precise evidentiary elements that the United States Government must demonstrate for
the purpose of establishing GUZMAN LOERAS guilt for each crime. In the sworn
statement of Special Agent describes in detail the prior history of the
investigation of GUZMN LOERAS criminal enterprise and the specific facts and
evidence which led to the presentation of the Fourth Superseding Indictment. At the
same time, and included in support of this request are the sworn statements of some
individuals who have personal and first-hand knowledge of GUZMN LOERAS
criminal activities.
In accordance with Article 8 of the Extradition Treaty, the United States Government
assures the Mexican Government that a death sentence will not be imposed, and if it
were, it will not be carried out if the Mexican Government authorizes the United
States Government to try GUZMN LOERA, for the crimes charged in the Fourth
Superseding Indictment.
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I have the honor of sending to you, together with this Diplomatic Note, the
documentation and the translations which the Treaty requires must accompany the
request for consent from the United States to proceed with the trial against GUZMN
LOERA for the Fourth Superseding Indictment.
The United States Government, with all due respect, requests that the Mexican
Government in an urgent and extraordinary manner review this request for Consent to
the Exception to the Rule of Specialty, since GUZMN LOERA is currently present
under custody to be tried for the crimes for which his extradition was granted
previously.
()
6.- That through Official Letter ASJ-02307 dated January 19, 2017, this Office
of the Secretary of Foreign Affairs urgently requests the Republics Attorney
Generals Office, within the scope of its powers and faculties, to issue the opinion it
considers to have merit within the law concerning the request for CONSENT TO
THE EXCEPTION TO THE RULE OF SPECIALTY formulated by the
Government of the United States of America.-------------------------------------------------
7.- That through Official Letter SJA/0031/2017, January 19, 2017, the
Republics Attorney Generals Office issued its opinion concerning the request
formulated by the Government of the United States of America in the sense that said
Federal Prosecutors Office believes that, in its view, the Mexican Government
should GRANT its authorization to the Exception to the Rule of Specialty
mentioned, so that Mr. JOAQUN GUZMN-LOERA alias Joaqun Guzmn
Loera, alias Joaqun Archivaldo Guzmn Loera, alias Joaqun Archivaldo
Guzmn-Loera, alias Chappo Guzmn, alias Chapo Guzmn, alias Chapo,
alias El Chapo, alias El Arquitecto, alias El Architecto, alias Gilberto Osuna,
alias Max Aragn, alias Jos Luis Ramrez, alias El Rpido, alias Shorty,
alias El Seor, alias El Jefe, alias Nana, alias Ap, alias Pap, alias Inge,
alias El Viejo, alias El Primo, alias El Padrino, alias To, may be prosecuted
for different crimes than those for which his extradition was granted through the
Agreements issued on May 20, 2016-----------------------------------------------------------
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L E G A L C O N C L U S I O N S:
A. JURISDICTION.
I. That the Minister of Foreign Affairs has jurisdiction to hear and agree in this
present matter in terms of what is stipulated in Articles 119, Third Paragraph of
the Political Constitution of the United Mexican States; 17 Number 1, Paragraph
c) of the Extradition Treaty between the Government of the United Mexican
States and the Government of the United States of America; 28, Sections XI and
XII of the Federal Public Administration Act and 7, Paragraph X of the Internal
Rules of the Office of the Secretary (Ministry) of Foreign Affairs. -------------------
B. REQUEST PRESENTED
II. That the Government of the United States of America through its Embassy in
Mexico has requested from the United Mexican States Government its CONSENT TO
THE EXCEPTION TO THE RULE OF SPECIALTY, so that Mr. JOAQUN
GUZMN-LOERA alias Joaqun Guzmn Loera, alias Joaqun Archivaldo Guzmn
Loera, alias Joaqun Archivaldo Guzmn-Loera, alias Chappo Guzmn, alias
Chapo Guzmn, alias Chapo, alias El Chapo, alias El Arquitecto, alias El
Architecto, alias Gilberto Osuna, alias Max Aragn, alias Jos Luis Ramrez,
alias El Rpido, alias Shorty, alias El Seor, alias El Jefe, alias Nana, alias
Ap, alias Pap, alias Inge, alias El Viejo, alias El Primo, alias El Padrino,
alias To, may be prosecuted at the Federal District Court for the Eastern District of
New York, United States of America, within the Fourth Superseding Indictment, Case
Number 09-CR-466(SLT)(S-4) presented on May 11, 2016, for different crimes than
those for which his international extradition was granted.
(1) in Charge One, having been involved in a continuing criminal
enterprise, in violation of what is stipulated in Sections 848(a), 848(b),
848(c) and 848(e)(1)(A) of Title 21 of the United States Code;---------
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(4) in Charge Four, conspiracy to distribute and possess with the intent to
distribute a controlled substance: to wit, five kilograms or more of cocaine,
in violation of what is stipulated in Sections 846 and 841(b)(1)(A)(ii)(II) of
Title 21 of the United States Code;------------------------------------------------
Marijuana and heroin are Category I controlled substances and cocaine and
methamphetamines are Category II controlled substances, according to
Section 812, of Title 21 of the United States Code.------------------------------
C. INTERNATIONAL COMMITMENT
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III. That said extradition request is based on Article 17, Number 1, Paragraph c) of
the Extradition Treaty between the United Mexican States and the United States of America,
in whose applicable part it literally states:--------------------------------------------------------------
Article 17.
1.- A person extradited in accordance with this present Treaty shall not be
arrested, tried or punished in the territory of the Requesting Party for a
different crime than the one for which the Extradition was granted, nor
shall he be extradited by said Party to a third Government unless:
a) The person has abandoned the Requesting Partys territory after his/her
extradition and has voluntarily returned to it;
b) Has not abandoned the territory of the Requesting Party within 60 days
following the date in which he/she has been free to do so; or
c) The Party to whom the Request is made has given its consent so
that the person may be arrested, tried, punished or extradited to a
third Government for a different crime than the one for which the
Extradition was granted.
Following that reasoning, in Article 1 of the Extradition Treaty between the United Mexican
States and the United States of America, the agreement of both countries was expressed to
cooperate closely in the fight against crime and to mutually help each other for that purpose,
legal cooperation in matters subject to the Provisions of this Treaty and greater assistance
concerning the matter of handing over of individuals concerning whom the authorities with
jurisdiction in the Requesting Party have commenced a legal proceeding, and in whose
applicable part it literally states:-------------------------------------------------------------------------
Article 1.
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b) At the Federal District Court for the Western District of Texas, in the
Indictment with Case Number EP-12-CR-849 FM (also referred to with
Case Number 3:12-cr-00849-FM, EP 12CR0839 and EP-12-CR-849-
FM(1), presented on April 11, 2012, for charges of conspiracy to direct the
affairs of an enterprise through a pattern of organized crime; conspiracy to
possess with the intent to distribute cocaine and marijuana; conspiracy to
import cocaine and marijuana; conspiracy to commit money laundering
crimes; conspiracy to possess fire arms; homicide at the time of involving
himself in a continuing criminal enterprise and drug trafficking.
For these purposes, they make a presentation of the acts of which JOAQUN
GUZMN LOERA is being accused in the Superseding Indictment and they
attach copies of the corresponding evidentiary elements.
From reading said documents, in the opinion of the Office of the Republics
Attorney General, the trial of the extradited individual is considered viable, for
the charges contained in the Diplomatic Note and that were not facts known to
the Mexican Government in the formal international extradition requests
which motivated the requested individuals being handed over for extradition;
therefore making a comparative analysis of the conducts which established
the charges in the United States of America, and the conducts which constitute
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a) Drug trafficking crimes as set forth in our Mexican legislation in Title Eight, Chapter
I, Articles 193, 194 Paragraphs I and II of the Federal Criminal Code are punishable
with a term of imprisonment from ten to twenty-five years.
For the purposes of this chapter, conducts related to drugs, psychotropics and
remaining substances or vegetables which are set forth in Articles 237, 245,
Paragraphs I, II and III and 248 of the General Health Law which constitute a grave
problem for public health are punishable
Article 194.- A period of imprisonment from ten to twenty-five years and from one
hundred to five hundred days salares fine will be imposed on anyone who:
By supplying it means the material transmission in a direct or indirect manner, for any
reason, of the possession of narcotics.
II, Introduces or removes from the country any of the narcotics included in the
preceding Article, although it were in an instantaneous manner or in transit
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or joined with others, have as their purpose or result to commit any or some of
the following crimes, they shall be punished for that fact alone, as members of
organized crime:
c) Operations with resources which have an illegal origin as provided for and
punished in Title Twenty-three, Chapter II, Article 400 bis of the Federal Criminal
Code, punishable with a term of five to fifteen years of imprisonment:
Article 400 bis. A term of five to fifteen years of imprisonment and from one
thousand to five thousand daily salaries fine will be imposed on anyone who,
alone or through an intermediate person participates in any of the following
conducts:
II. Hides, conceals or tries to hide or conceal the nature, origin, location,
destination, movement, ownership or title to resources, rights or assets,
when having knowledge that they proceed from or represent the product of
an illegal activity.
For the purposes of this Chapter, it shall be understood that the product of
an illegal activity, are the resources, rights or assets of any kind, when
there are founded indications or certainty that they have their origin,
directly or indirectly, or represent the profits derived from the committing
of any crime and their legitimate origin cannot be accredited.
In the event the conducts provided for in this Chapter, in which the
services of institutions which form part of the financial system are used, in
order to prosecute criminally, a prior criminal complaint from Office of the
Secretary (Ministry) of the Treasury and Public Credit will be required.
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When the Office of the Secretary (Ministry) of the Treasury and Public
Credit, in use of its oversight faculties, finds elements which allow it to
assume that one of the crimes referred to in this Chapter has been
committed, it should use the verification powers provided to it by law
concerning them, and file a complaint about the facts that probably may
constitute said illicit acts.
When the member of the association is or has been a public servant at any
police corporation, the punishment detailed in the preceding Paragraph will increase
by half, and in addition dismissal from the employment, position or public
commission will be imposed, and there will be a one to five years disqualification
from holding another position. If the member of the association belongs to the
Mexican Armed Forces in a position as retired, reserve, or active duty, the
punishment will increase also by half, and in addition the individual will be
definitively dismissed from the Armed Force to which he or she belongs and will
have a one to five years disqualification to hold a public office or commission;
Article 8.- The possession or carrying of the weapons prohibited by Law nor
those reserved for exclusive use of the Army, Navy and Armed Forces shall not be
permitted, except in those exceptional cases described in this Law.
Article 11.- The weapons, ammunition and materials for the exclusive use of
the Army, Navy and Air Force are the following:
a)- .357 caliber Magnum revolvers and those above the .38 Special.
b)- 9mm. pistols. Parabellum, Luger and similar pistols, the .38 Super and
Commando, and those with higher calibers.
c.- .223, 7 mm., 7.62 mm. rifles, muskets, carbines and .30 caliber carbines in
all its models.
d.- Pistols, carbines and rifles with a rapid fire system, submachine guns,
machine guns of all calibers.
e.- Shotguns with a barrel length inferior to 635 mm. (25), caliber above .12
(.729 or 18.5 mm.) and gas launchers, except those for industrial use.
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f.- Ammunitions for the preceding weapons and cartridges with special
artifices such as tracers, incendiary, perforating or fumigating, gas expanders and
those loaded with posts above 00 (.84 cms.) in diameter for shotguns.
g.- Cannons, artillery pieces, mortars and combat vehicles with their additions,
accessories, projectiles and ammunitions.
h.- Rocket launchers, torpedoes, grenades, bombs, mines, depth chargers,
flame throwers and similar devices, as well as the apparatus, artifacts and machines to
launch them.
i.- Bayonets, sabers and spears.
j.- Ships, submarines, vessels and hydroplanes for naval warfare and their
armaments.
k.- War planes and their armament.
l)- War artifacts, gases and chemical substances with a strictly military use,
and the various uses devised by the Armed Forces.
In general, all the weapons, ammunition and materials exclusively to be used
for war.
The weapons for this purpose, with justification of their necessity, may be
authorized by the Office of the Secretary of National Defense, individually, or as a
corporation, to those who have jobs or positions in the Federation, the Federal
District, in the States or Cities, as well as foreign public servants in the cases referred
to in Articles 28 and 28 Bis. of this Law.
II. With three to ten years of imprisonment and from fifty to two hundred daily
salaries as a fine, when the weapons are within Paragraphs a) and b) of Article 11 of
this Law, and
III. With four to fifteen years of imprisonment and from one hundred to five
hundred daily salaries as a fine, when it is any of the other weapons included in
Article 11 of this Law.
In the event that two or more weapons are carried, the corresponding
punishment will increase by up to two thirds.
Based on what has been described above, in Article 17, Number 1, Paragraph
c) of the Extradition Treaty between the United Mexican States and the United States
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of America, bearing in mind that both legislations regulate and punish the conducts
detailed in the Diplomatic Note, and of which JOAQUN GUZMN LOERA is
accused, in the opinion of the Office of the Attorney General of the Republic it is
viable to grant consent so that the United States Government may have the possibility
to try him for the Charges contained in the Fourth Superseding Indictment, Number
09-CR-466(SLT)(S-4)(also referred to as Case Number 09-466(SLT)(S-4). Finally,
we do not omit calling attention to the fact that the First Charge in the Fourth
Superseding Indictment (Involvement in a continuing criminal enterprise) is
punishable in the territory of the United States with the death penalty, or life in
prison. Never the less we have made note of the fact that the Government of the
United States of America, within that same Diplomatic Note, has provided guarantees
that the application of the death penalty will not occur, as foreseen in Article 8 of the
Extradition Treaty between the United Mexican States and the United States of
America.
To conclude, we make note of the fact that in this Request for Consent to the
Exception to the Rule of Specialty, it does not trigger any cause of impropriety for the
Extradition contained in Articles 5, 6 and 7 of the Extradition Treaty between the
United Mexican States and the United States of America.
V. That the Government of the United States of America states in its request for
CONSENT TO THE EXCEPTION TO THE RULE OF SPECIALTY, that it has an
additional case against the extradited individual for crimes different from those for which his
international extradition was granted, at the Federal District Court for the Eastern District of
New York, United States of America, within the Fourth Superseding Indictment with Case
Number 09-CR-466(SLT)(S-4), presented on May 11, 2016. By virtue of this, this Office of
the Secretary of Foreign Affairs takes the following into account:---------------------------------
1.- That the request for CONSENT TO THE EXCEPTION TO THE RULE OF
SPECIALTY was presented through the diplomatic channel, as well as the documentation
supporting its request, as is accredited with Diplomatic Note Number 17-0245, which the
Government of the United States of America, through its Embassy, sent to the Government of
Mexico.-------------------------------------------------------------------------------------------------------
2.- That the requesting Government accompanied its request with a list of the acts for
which JOAQUN GUZMN LOERA is being charged, so that he may be prosecuted for
Charges different from those for which the International Extradition was granted, acts which
are contained in the sworn statement of Assistant United
States Attorney, at the United States Attorneys Office for the Eastern District of New York,
which was attached to its request for Consent.-----------------------
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3.- That the requesting Government attached a certified copy of the Arrest Warrant
dated May 11, 2016, which was issued against Mr. JOAQUN GUZMN LOERA , for
charges different from those for which his international extradition was granted, at the
Federal District Court for the Eastern District of New York, United States of America, within
the Fourth Superseding Indictment with Case Number 09-CR-466(SLT)(S-4), with its
corresponding translation into Spanish, issued by the Federal District Court for the Eastern
District of New York.------------------------------------------------------
4.- That the requesting Government attached the text of the legal provisions for the
crimes attributed to him; the legal provisions which determine the punishment corresponding
to the illegal acts and the text of the legal provisions pertinent to the statute of limitations in
accordance with the applicable laws in the Requesting Government.------------------------------
6.- That the Government of the United States of America sent the following
probative elements as support for its request with which it accredits the fact that against
JOAQUN GUZMN LOERA there is an additional prosecution for crimes or charges
different from those for which his international extradition was granted, at the Federal
District Court for the Eastern District of New York, United States of America, within the
Fourth Superseding Indictment, with Case Number 09-CR-(SLT)(S-4), presented on May 11,
2016, which consist of the following:-------------------------------------
A.- The public documentary evidence containing the sworn statement given
before the United States District Court Judge in the Eastern District of New York, United
States of America, by Assistant United States Attorney at the
United States Attorneys Office for the Eastern District of New York .in which names the
crimes of which JOAQUN GUZMN LOERA is being accused, the Case being
investigated against Mr. JOAQUN GUZMN-LOERA, in that Federal Court, as well as
the presentation of an Arrest Warrant against him, the statement concerning the current status
within the statute of the applicable United States laws applicable to the Prosecution against
him and refers to the evidences in the Case.-----------------------------------------------------
B.- To provide evidence that the Government of the United States of America has
an additional Case against the extradited individual, the requesting Government attached a
certified copy of the Indictment with its corresponding translation into Spanish, in which it is
indicated that the members of the Grand Jury in the United States District Court for the
Eastern District of New York, did formally indict Mr. JOAQUN GUZMN LOERA for
the charges which were referenced in Legal Foundation II of this Resolution.--------------------
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C.- A certified copy of the arrest warrant dated May 11, 2016, which was issued
against Mr. JOAQUN GUZMN LOERA, within the Fourth Superseding Indictment
with Case Number 09-CR-466(SLT)(S-4), presented on May 11, 2016, with its respective
translation into Spanish, issued by the Federal District Court for the Eastern District of New
York.-------------------------------------------------------------------------------------------------------
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consider it authentic, since it complies with the requirements set forth in Article 10, Numbers
5 and 6 of the applicable Bilateral Extradition Treaty, since it contains the Department of
State Seal and the corresponding signatures. Also, those documentary evidences were
legalized by the official authorized by this Office of the Secretary (Ministry) of Foreign
Affairs to handle United Mexican States matters in the location where they were issued, and
were sent through the diplomatic channel and translated into the Spanish language. Also, this
Office of the Secretary (Ministry) of Foreign Affairs considers the content in them to be true
and therefore, sufficient to demonstrate that a Criminal Proceeding against Mr. JOAQUN
GUZMN LOERA had commenced, since when this Office of the Secretary((Ministry) of
Foreign Affairs analyses them together and related to each other, sufficient evidence results
to demonstrate this cause of action. And they have sufficient legal force in accordance to
what is set forth in Articles 280, 281, 285, 288 and 289 of the Federal Code of Criminal
Procedures to demonstrate that the Government of the United States of America has an
additional Case against the extradited individual for crimes different from those for which his
international extradition was granted, at the Federal District Court for the Eastern District of
New York, United States of America, within the Fourth Superseding Indictment with Case
Number 09-CR-466(SLT)(S-4), presented May 11, 2016.-------------------------------------------
ARTICLE 2
Crimes Which Shall be Cause For Extradition
1.- Crimes which shall be cause for extradition, in accordance with this Treaty,
the intentional conducts which, fitting within any of the Paragraphs in the
Appendix, are punishable in accordance with the laws of both Contracting
Parties with a term of imprisonment whose maximum is not less than one
year.
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that the conducts committed be punishable according to the laws of the contracting parties,
with a term of imprisonment whose maximum not be less than one year and that they are
found in the Appendix in said international document, which is brought up to date in the
present case to consider whether it is proper that JOAQUN GUZMN LOERA be
prosecuted in the Fourth Superseding Indictment with Case Number 09-CR-466(SLT)(S-4),
presented on May 11, 2016, before the Federal District Court for the Eastern District of New
York, since the principle of equating the regulation is being brought up to date as is indicated
as follows:-
With respect to this, concerning the conducts related to these Charges, the
latter were provided for and punishable in the Mexican Criminal Legislation in Article 164 of
the Criminal Code for the Federal District in matters of Ordinary Jurisdiction and for the
entire Republic in matters of Federal Jurisdiction, in effect at the time of the acts, which
provided for conspiracy, by stating that anyone who forms part of an association or gang
with three or more individuals for the purpose of committing a crime shall receive from one
to eight years of imprisonment. Said illegal act is a dangerous crime consisting in
constituting or participating in the voluntary union and with a character of relative
permanency, of three or more individuals for the purposes of committing illegal criminal
acts, which is incurred with the mere fact of being a member of the association. This precept
literally states as follows:---------------------------------------------------------------------------------
ARTICLE 164.- Anyone who forms part of an association or gang of three or more
persons with the purpose of committing a crime, shall receive a term of imprisonment
from one to eight years and from thirty to one hundred daily salaries fine.
When the member of the association is or has been a public servant at any
police corporation, the punishment detailed in the preceding Paragraph will increase
by half, and in addition dismissal from the employment, position or public
commission will be imposed, and there will be a one to five years disqualification
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from holding another position. If the member of the association belongs to the
Mexican Armed Forces in a position as retired, reserve, or active duty, the
punishment will increase also by half, and in addition the individual will be
definitively dismissed from the Armed Force to which he or she belongs and will
have a one to five years disqualification to hold a public office or commission;
Article 197 Paragraph II of the Criminal Code for the Federal District
in Matters of Ordinary Jurisdiction, and for the entire Republic in Matters of Federal
Jurisdiction, defined a drug crime, with a term of imprisonment from ten to twenty-
five years when referring to what it literally indicated.----------------------------------
II.- Introduces, or removes illegally from the country any of the vegetables or
substances included in Article 193, even if it were in an instantaneous fashion or in
transit, or participating in acts tending to carry out said acts;
The same sanctions will be imposed on the public servant who, in exercise of
his duties, or taking advantage of his position, covers up or permits the prior acts or
the acts which lead to them being carried out;
V.- Any individual who possesses any of the vegetables or substances named
in Article 193, without the corresponding authorization referred to in the General
Health Law, shall have imposed on him/her a term of imprisonment from seven to
twenty-five years and from one hundred to five hundred days of daily salaries fine.
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which are named in the remaining applicable legal provisions in the matter. Conduct
related to narcotics, psychotropics and remaining psychotropics substances provided
for in Article 234, 235, 237 of the General Health Law, is punishable, due to the fact
that they constitute a grave problem for public health. These Articles literally state the
following--------------------------------------------------------------------------------------------
For the purposes of this Chapter, conducts related to narcotics, psychotropics and
remaining substances provided for in Article 237, 245, Paragraphs I, II, III, and
248 of the General Health Law, which constitute a grave public health problem.
The trier of fact, upon individualizing the punishment or the seizure measures
to be imposed for committing any of the crimes stated in this Chapter, shall bear in
mind, aside from what is established in Articles 51 and 52, the quantity and type of
narcotics in question, as well as the greater or lesser harm or endangerment of the
publics health and the personal conditions of the author or participant in the act or
recidivism if it were applicable.
Insofar as the instruments, and vehicles used to commit the crimes considered
in this Chapter, as well as the objects and products of said crimes, whatever the nature
of said assets may be, they shall be at the disposal of what is provided in Articles 40
and 41 which shall apply. For this purpose, the Attorney Generals Office shall
determine, during the preliminary investigation, the corresponding securing and
proper destination in support of obtaining justice, or shall request it in the
prosecution, and will further the seizure of those assets involved or its product to be
used to obtain justice, or also, shall promote, if it were the case, the suspension and
removal of farming or other types of rights, before the authorities with jurisdiction
according to the applicable regulations.
Article 234.- For the purposes of this Law, considered as narcotics is:
()
COCAINE (Methylic ester of benzoilecgonina).
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()
II. The International Treaties and Conventions in which the United Mexican
States participates and which would have been signed in accordance with the
provisions in the Political Constitution of the United Mexican States;
IV. What is established in other laws and regulations which are general in
nature which are related to this subject
The acts referred to in this Article may only be carried out for medical and
scientific purposes, and require authorization from the Office of the Minister of
Health.
ARTICLE 237.- All of the acts mentioned in Article 235 of this Law,
concerning the following substances and vegetables: prepared opium, to be smoked,
diacetilmorphine or heroin, its salts or prepared products, cannabis sativa, Indica and
Americana or marijuana, papaver somniferun or sleep inducing, papaver bactreatum
and erythroxilon novogratense or cocaine, in any of its forms, derivatives or
preparations, are prohibited in the national territory.
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Article 198. The punishments which, if it were the case, would be applicable
for crimes established in this Chapter, shall be increased by half in the following
cases:
-
V. When the agent participates in a criminal organization established within or
outside of the Republic to engage in any of the crimes indicated in this Chapter.
In this same vein, later on this conduct was punishable by the Mexican
Legislation in the first Paragraph of Article 196 bis of the cited Criminal Code for
the Federal District in Matters of Ordinary Jurisdiction and for the entire Republic in
Matters of Federal Jurisdiction, in effect at the time period in which the acts were
committed, with a term of imprisonment from twenty to forty years to the
individual who alone, through third parties or in the name of others, directs,
administers or supervises any type of criminal conspiracy, connected with diverse
Article 197, Paragraphs I, II, III and V which state that a term of imprisonment from
ten to twenty-five years shall be imposed, on the individual who commits those
conducts related to any of the narcotics named in Article 193, without the
corresponding authorization referenced in the General Health Law, which insofar as
this present request, is cocaine, which is a prohibited substance in accordance with
Articles 234, 237, and 245 of the General Health Law, since they establish the fact
that narcotics are considered to be those narcotics, psychotropics and remaining
substances or vegetables which the General Health Law, the Conventions and
International Treaties which must be observed in Mexico determine, and those which
are named in the remaining applicable legal provisions concerning this subject, and
the conducts which are related to narcotics, psychotropics, and remaining
psychotropic substances, in view of the fact that they constitute a grave public health
problem. Later these conducts were defined in Articles 194 and 195, Paragraph I of
the Federal Criminal Code. Said Articles literally state:-------------------------------------
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The narcotics used in the commission of the crimes referred to in this Chapter,
shall be placed at the disposal of the Federal Sanitation Authority, which will proceed
in accordance with the provisions or laws about the matter to make either legal use of
them or to destroy them.
II. Introduces into or removes from the country any of the narcotics included in the
preceding Article, even if were in an instantaneous manner or in transit.
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actors purpose, the applicable punishment will be up to two thirds of the term of
punishment described in this Article.
III.- Provides financial or any other type of resources or collaborates, in any way with
the financing, supervision or promotion to make possible the commission of any of
the crimes referred to in this Chapter; and
IV. Engages in publicity or propaganda acts, so that any of the substances included in
the preceding Article will be consumed.
II. Introduces into or removes from the country any of the narcotics included in the
preceding Article, even if were in an instantaneous manner or in transit.
III.- Provides financial or any other type of resources or collaborates, in any way with
the financing, supervision or promotion to make possible the commission of any of
the crimes referred to in this Chapter; and
IV. Engages in publicity or propaganda acts, so that any of the substances included in
the preceding Article will be consumed.
33
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ARTICLE 195. Five to fifteen years term of imprisonment and from one
hundred to three hundred daily salaries fine shall be imposed on the individual who
possesses any of the narcotics named in Article 193, without the corresponding
authorization referred to in the General Health Law, as long as and when said
possession be with the purpose to carry out any of the conducts provided for in
Article 194.
An individual shall not be prosecuted, not being a drug addict, who is found to
be in possession of any of the narcotics established in Article 193, just one time, and
in an amount that permits the assumption that it would be for his /her personal use.
ARTICLE 237.- All of the acts mentioned in Article 235 of this Law,
concerning the following substances and vegetables: prepared opium, to be smoked,
diacetilmorphine or heroin, its salts or prepared products, cannabis sativa, Indica and
Americana or marijuana, papaver somniferun or sleep inducing, papaver bactreatum
and erythroxilon novogratense or cocaine, in any of its forms, derivatives or
preparations, are prohibited in the national territory.
34
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Finally, said conducts are provided for and punishable in Article 2, Paragraph I
of the Federal Law Against Organized Crime, related to Article 4, Paragraph I, a) and
Paragraph II, a) of the cited legal regulation, are punishable with a term of between
twenty to forty years in prison, for whoever, being a member of organized crime,
has administrative, command or supervisory functions, concerning organized crime
and commits drug trafficking crimes, and from 8 to 16 years in prison when it
involves the crime of operations with resources of illegal origin. Below are listed
the provisions in the Federal Law Against Organized Crime.
Article 2.
Article 4.
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b) To whosoever does not have the preceding roles, from ten to twenty years
of imprisonment, and from two hundred and fifty to twelve thousand five hundred
daily salaries fine.
b) To whoever does not have the preceding functions, from four to eight years
of imprisonment and from two hundred and fifty to twelve thousand five hundred
days of daily salaries fine.
()
In the same manner, insofar as charges related to drug trafficking crimes in its
modality of importing cocaine, heroin, methamphetamine and marijuana, which are
accusations against JOAQUN GUZMN LOERA, these conducts are also punishable by
the Mexican Legislation in Article 194, Paragraph II (introduces or removes from the
country) from the Federal Criminal Code, in effect during the period of time in which the
acts were committed, since it establishes that a term of imprisonment from ten to twenty-
five years shall be imposed on the individual who imports any of the narcotics named in
Article 193 of said legal regulation; which are prohibited substances in accordance with
Article 237 of the General Health Law, since this last Article establishes that narcotics are
considered to be narcotics, psychotropics and remaining substances or vegetables
determined by the General Health Law, the International Conventions and Treaties which
must be observed in Mexico, and those named in the remaining applicable legal provisions
in the matter, and the conducts related to narcotics, psychotropics and remaining
psychotropic substances, as provided in Articles 234, 235, 237 and 245 of the General
Health Law are punishable because they constitute a grave public health problem. Said
Numbers literally state:-----------------------------------------------------------------------------------
36
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TITLE SEVEN
Drug Trafficking Crimes
CHAPTER I
Concerning the production, possession, trafficking, proselytism and other acts
in the matter of narcotics.
The narcotics used in the commission of the crimes referred to in this Chapter,
shall be placed at the disposal of the Federal Sanitation Authority, which will proceed
in accordance with the provisions or laws about the matter to make either legal use of
them or to destroy them.
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II. Introduces into or removes from the country any of the narcotics included in the
preceding Article, even if were in an instantaneous manner or in transit. If the
introduction or removal referred to in this Paragraph should not take place, but from
the actions carried out it may be clearly inferred that such was the actors purpose, the
applicable punishment shall be up to two thirds of what is provided for in this present
Article.
III.- Provides financial or any other type of resources or collaborates, in any way with
the financing, supervision or promotion to make possible the commission of any of
the crimes referred to in this Chapter; and
IV. Engages in publicity or propaganda acts, so that any of the substances included in
the preceding Article will be consumed.
CHAPTER V
Narcotics
.
Article 234.- For the purposes of this Law, considered as narcotics is:
()
COCAINE (Methylic ester of benzoilecgonina).
()
38
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Article 237.- All of the acts mentioned in Article 235 of this Law,
concerning the following substances and vegetables: prepared opium, to be smoked,
diacetilmorphine or heroin, its salts or prepared products, cannabis sativa, Indica and
Americana or marijuana, papaver somniferun or sleep inducing, papaver bactreatum
and erythroxilon novogratense or cocaine, in any of its forms, derivatives or
preparations, are prohibited in the national territory.
The same prohibitions may be established by the Office of the Secretary
(Ministry) of Health for other substances named in Article 234 of this Law, when it is
considered that they may be substituted for therapeutic purposes by other products
which, in its judgment, do not cause dependency.
ARTICLE 245.- Insofar as the control and surveillance measures which the
health authorities should adopt, the psychotropic substances are classified in five
groups:
I.- Those which have scarce or no therapeutic value and which, due to the fact
that they are susceptible to being used improperly or abused, constitute an especially
grave problem for public health, which are:
39
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II.- Those which have some therapeutic value but constitute a grave risk for
public health which are:
AMOBARBITAL
AMPHETAMINE
BUTORFANOL
(And its salts, precursors and chemical derivatives)
CYCLOBARBITAL
DESTROAMPHETAMINE (DEXTROAMPHETAMINE)
PHENEEETHYLINE
PHENCICLIDINE
HEPTABARBITAL
MECLOCUALONE
METHACUALONE
METHAMPHETAMINE
NALBUFINE
PENTOBARBITAL
SECOBARBITAL.
()
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CHAPTER I
For the purposes of this Chapter, conducts related to narcotics, psychotropics and
remaining substances provided for in Article 237, 245, Paragraphs I, II, III, and
248 of the General Health Law, which constitute a grave public health problem.
()
II. Introduces into or removes from the country any of the narcotics included in the
preceding Article, even if were in an instantaneous manner or in transit. If the
introduction or removal referred to in this Paragraph should not take place, but from
the actions carried out it may be clearly inferred that such was the agents objective,
the applicable punishment shall be up to two thirds of what is provided for in this
present Article.
41
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III.- Provides financial or any other type of resources or collaborates, in any way with
the financing, supervision or promotion to make possible the commission of any of
the crimes referred to in this Chapter; and
IV. Engages in publicity or propaganda acts, so that any of the substances included in
the preceding Article will be consumed.
Article 234.- For the purposes of this Law, considered as narcotics is:
()
COCAINE (Methylic ester of benzoilecgonine).
()
The isomers of the narcotics in the preceding list, unless they are expressly
excluded.
II. The International Treaties and Conventions in which the United Mexican
States participates and which would have been signed in accordance with the
provisions in the Political Constitution of the United Mexican States;
IV. What is established in the other laws and provisions of a general nature
concerning the matter;
VI. Related provisions issued by other offices under the Federal Executive
Branch in the area of their respective jurisdictions.
42
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The acts referred to in this Article may only be engaged in for medical and
scientific purposes, and require authorization from the Office of the Minister of
Health.
Article 237.- All of the acts mentioned in Article 235 of this Law,
concerning the following substances and vegetables: prepared opium, to be smoked,
diacetilmorphine or heroin, its salts or prepared products, cannabis sativa, Indica and
Americana or marijuana, papaver somniferun or sleep inducing, papaver bactreatum
and erythroxilon novogratense or cocaine, in any of its forms, derivatives or
preparations, are prohibited in the national territory.
ARTICLE 245.- Insofar as the control and surveillance measures which the
health authorities should adopt, the psychotropic substances are classified in five
groups:
I.- Those which have scarce or no therapeutic value and which, due to the fact
that they are susceptible to being used improperly or abused, constitute an especially
grave problem for public health, which are:
II.- Those which have some therapeutic value but constitute a grave risk for
public health which are:
AMOBARBITAL
AMPHETAMINE
BUTORFANOL
(And its salts, precursors and chemical derivatives)
CYCLOBARBITAL
DESTROAMPHETAMINE (DEXAMPHETAMINE)
PHENETHYLINE
PHENCICLIDINE
HEPTABARBITAL
MECLOCUALONE
METHACUALONE
METHAMPHETAMINE
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NALBUFINE
PENTOBARBITAL
SECOBARBITAL.
When the defendant possesses any of the narcotics named in the Table
listed in Article 479 of the General Health Law, in a quantity equal to or greater than
that which would result from multiplying by one thousand those referenced there, it is
presumed that the possession has as its purpose to commit any of the conducts listed in
Article 194 of this Code.
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ARTICLE 8
The possession or carrying of the weapons prohibited by Law nor those reserved for the
exclusive use of the Army, Navy and Air Force, will not be permitted, except for the
exceptional cases stated in this Law.
ARTICLE 11.
The weapons, ammunition and materials for the exclusive use of the Army,
Navy and Air Force are the following:
a)- .357 caliber Magnum revolvers and those above the .38 Special.
b)- 9mm. caliber pistols. Parabellum, Luger and similar pistols, the .38 Super
and Comando, and those with higher calibers.
c.- .223, 7 mm., 7.62 mm. rifles, muskets, carbines and .30 caliber carbines in
all its models.
d.- Pistols, carbines and rifles with a rapid fire system, submachine guns,
machine guns of all calibers.
e.- Shotguns with a barrel length inferior to 635 mm. (25), caliber above .12
(.729 or 18.5 mm.) and gas launchers, except those for industrial use.
f.- Ammunitions for the preceding weapons and cartridges with special
artifacts such as tracers, incendiary, perforating or fumigating, gas expanders and
those loaded with posts above 00 (.84 cms.) in diameter for shotguns.
g.- Cannons, artillery pieces, mortars and combat vehicles with their additions,
accessories, projectiles and ammunitions.
j.- Ships, submarines, vessels and hydroplanes for naval warfare and their
armaments.
45
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l)- War artifacts, gases and chemical substances with a strictly military use,
and the various uses devised by the Armed Forces.
The weapons for this purpose, with justification of their necessity, may be
authorized by the Office of the Secretary (Ministry) of National Defense,
individually, or as an entity, to those who have jobs or positions in the Federation, the
Federal District, in the States or Cities.
1, With 3 months to a one year term of imprisonment and from one to 10 daily
salaries as a fine, when the weapons are within Paragraph i) of Article 11 of this Law:
2. With three to ten years term of imprisonment and from fifty to two hundred
daily salaries as a fine, when the weapons are within Paragraphs a) and b) of Article
11 of this Law, and
3. With four to fifteen years term of imprisonment and from one to five
hundred daily salaries as a fine, when any other of these weapons is involved
which are included in Article 11 of this Law.
In the event that two or more weapons are carried, the corresponding
punishment will increase by two thirds.
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the knowledge that their origin is from or they represent the product of an illegal
activity, with any of the following purposes: to hide or try to hide, cover up, or
impede the knowledge of the origin, location, destination or ownership of said
resources, rights or assets, or encourages any illegal activity, which in this present
case is drug trafficking.---------------------------------------------------------------------------
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kilograms or more of marijuana, knowingly and with the intention that said
controlled substances were going to be illegally imported to the United States
from a location abroad, in violation of what is stipulated in Sections 963, 959(a), ,
960(b)(1)(A), 960(b)(1)(B)(ii), 960(B)(1)(G), and 960(b)(1)(H) of Title 21 of the
United States Code; the maximum term of imprisonment is for life.------------------
(4) in Charge Four, conspiracy to distribute and possess with the intent to
distribute a controlled substance: to wit, five kilograms or more of cocaine, in
violation of what is stipulated in Sections 846, 841(a) and 841(b)(1)(A)(ii)(II) of
Title 21 of the United States Code; the maximum term of imprisonment is for
life.----------------------------------------------------------------------------------------------
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and 1956(a)(2)(B) of Title 18 of the United States Code; the maximum term of
imprisonment is twenty years.------------------------------------------------------------
Marijuana and heroin are Category I controlled substances and cocaine and
methamphetamine are Category II controlled substances, according to Section
812, of Title 21 of the United States Code.---------------------------------------------
19.- Crimes concerning the matter of prohibited weapons and control of firearms,
ammunitions, explosives, incendiary devices or nuclear materials.
At the same time it is important to point out that, even though the crimes of
conspiracy and organized crime, are not mentioned in any of the Paragraphs in the Treatys
Appendix, there is still proper cause for the extradition in accordance with Number 3, from
Article 2, of the Extradition Treaty signed between the United Mexican States and the United
States of America, which literally states:--------------------------------------------------------------
Cause for extradition shall also be the intentional conducts which, without
being included in the Appendix, are punishable in accordance with the
Federal Laws of both Contracting Parties, with a term of imprisonment whose
maximum is not less than one year
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Paragraphs I and II; 4, Paragraph I, a) and Paragraph II, a) from the Federal Law Against
Organized Crime; 164, 194, 195, 197; and 400 bis; from the Federal Criminal Code and 8
and 11 Paragraphs d) and h), in relation to the Federal Firearms and Explosives Law; and in
Sections 846, 841(a)(1), 841(b)(1)(A)(ii) and 841(b)(1)(A)(vii), of Title 21 of the United
States of America Code; 1956(h), 1956(a)(1)(A)(i), 1956 (a) (1)(B), 1956(a)(2)(A) and
1956(a)(2)(B) of Title 18 of the United States of America Code; 924(c)(1)(A)(i),
924(c)(1)(A)(ii), 924(c)(1)(A)(iii) and 924(c)(1)(B)(ii)) of Title 18 of the United States Code;
and 848(e)(1)(A) of Title 21 of the United States of America Code; and 848(b)(1) and
848(b)(2)(A) of Title 21 of the United States of America.-------------------------------------------
As support for the above, there is legal case law criteria which literally states:
Series: Ninth Series.
Registry 174722
Appellate Review: First Division
Type of Binding Precedent: Isolated
Source: Mexican Supreme Courts Reports and its Gazette
Volume: XXIV, July, 2006.
Materiality: Constitutional
Binding Precedent: 1st. CXII/2006, Binding Precedent
Page: 332
In Article 2, Number 4, Paragraph a), of the Extradition Treaty between the United Mexican
States and the United States of America, when it provides that under the conditions
established in Paragraphs 1, 2 and 3 of the precept itself, extradition will also be granted for
the attempt to commit a crime, the conspiracy to prepare it, and carry it out, or the
participation in carrying it out, does not violate Articles 49, 73, Paragraph XXI, 89,
Paragraph X and 133 of the Political Constitution of the United Mexican States
which institute, respectively, the principle of the division of powers; the power of the
Unions Congress to establish crimes and faults against the Federation and to set the
punishments which should be imposed for them; the President of the Republics power to
direct foreign policy and to sign international treaties, and the principles of constitutional
supremacy and hierarchy of regulation.- The above is thus, because when the Federal
Executive Branch agreed in said Treaty to the crimes which would be cause for extradition
between both countries, it did not legislate in federal criminal matters, because it did not
establish any crime or fault against the Mexican Federation, not did it set the punishments
which should be imposed for them, but rather committed itself to hand over the
individuals who may be found to be in our territory and concerning whom the
authorities with jurisdiction in the United States Government have commenced a
criminal proceeding, who have been declared responsible for a crime, or who are being
sought by said authorities to comply with a term of imprisonment legally imposed, as
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long as the laws of both countries provide a punishment for said crime which has been
committed in similar circumstances, which is congruent with our national legal process
insofar as the Constituting Authority conferred on the Federal Executive Branch the power
to issue materially legislative certifications in the international arena as is the case of the
Extradition Treaty mentioned conditioning their validity that they be accordance with the
Federal Constitution.
Amparo for review 3/2006. April 26, 2006, Five votes. Writer of the Court Opinion: Jos
Ramn Cosso Daz. Clerk: Lorena Goslinga Remrez.
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VII. An analysis is conducted whether the Request for Consent for Mr.
JOAQUN GUZMN LOERA to be prosecuted for additional charges to those for which
he was extradited, is not found in any of the legal grounds agreed to between the
Government of Mexico and the Government of the United States of America to deny the
extradition, which are contemplated in Articles 5, 6, 7, and 8 of the bilateral Extradition
Treaty, as follows, ---------------------------------------------------------------------------------------
ARTICLE 5.
1.- Extradition will not be granted if the crime for which it was requested is
political or political in nature. In the event that any question should arise
concerning the application of the foregoing Paragraph, the decision will correspond
to the Executive Branch of the Party to Whom the Request is Made.
2.- For the purposes of this Treaty, the following crimes are not considered to be
included in Paragraph 1:
b) A crime which the Contracting Parties have the obligation to prosecute in view
of an international multilateral convention.
3.- Extradition will not be granted when the crime for which it was requested is a
purely military crime.
To that end, this Office of the Secretary (Ministry) of State takes into account
that the crimes for which the Government of the United States of America requests
CONSENT TO THE EXCEPTION TO THE RULE OF SPECIALTY, so that Mr.
JOAQUN GUZMN LOERA may be prosecuted for additional crimes than the ones for
which his extradition was granted, they do not constitute political crimes, since under the
terms of what is stated in Article 144 of the Federal Criminal Code, crimes which are
political in nature are rebellion, sedition, mutiny, and conspiracy to commit them, which are
not contemplated in the request for extradition formulated by the Requesting Government
against the extradited individual, since in its request it is indicated that said request for
handing him over is so that he may be prosecuted for organized crime, conspiracy, drug
trafficking crimes and weapons possession.------------------------------------------------------------
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Extradition shall not be granted when the individual being requested may have
been submitted to a prosecution or has been tried and sentenced or acquitted by the
Party to Whom the Request is Made for the same crime on which the Request for
Extradition is based.
C.- Insofar as the cause for denial contained in Article 7 of the Extradition
Treaty signed between the United Mexican States and the United States of America, which
literally states:--------------------------------------------------------------------------------------------
This Office of the Secretary (Ministry) of State proceeds to study the statute of
limitations for the criminal prosecution for the illegal acts of the which the requested
individual is accused in accordance with Mexican Legislation at the time in which the acts
occurred, in the following terms:----------------------------------------------------------------------
53
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Given the above, the cause for denial contained in Article 7 of the Extradition
Treaty signed between the United Mexican States and the United States of Americas is not
activated, since the criminal case to prosecute and punish the extradited individual in
Mexican Criminal Legislation is not time barred, nor is it in the Criminal Legislation of the
Requesting Government.----------------------------------------------------------------------------------
D.- On the other hand, and related to Article 8 of the applicable bilateral
Treaty which literally states
ARTICLE 8
Death Penalty
54
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When the crime for which the Extradition is requested is punishable with the
death penalty in accordance with the Requesting Partys Laws, and the Laws of
the Party to Whom the Request is Made do not allow such punishment for that
crime, the Extradition may be refused unless the Requesting Party gives
sufficient assurances that the death penalty will not be imposed, or that if it is
imposed, it will not be carried out, to the Party to Whom the Request is Made,
It should be noted that the Requesting Government through its Embassy and through
Diplomatic Note Number 17-0245 dated today, provided sufficient guarantees that the death
penalty will not be applied to the extradited individual, and if that were to happen, it will not
be carried out, if Mr. JOAQUN GUZMN LOERA is extradited to the United States of
America, since it literally states:-------------------------------------------------------------------------
Concerning the guarantees that the death penalty will not be applied presented
by the United States Government, this Office of the Secretary (Ministry) of State underlines
the fact that said assurances have been presented by the United States, in its capacity as a
Government, as recognized in the Geneva Convention Concerning Diplomatic Relations,
since in its Article 3, it indicates the following:-------------------------------------------------------
Article 3
Following that line of thought, Article 41, Number 2 of the cited Multilateral
Convention establishes that it is the Ministry of Foreign Affairs, to whom it corresponds to
handle international relations, since that is the entity through which the Government has
contact with the members of the international community, and said Number literally states:
55
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Article 41.
Therefore, the cited Diplomatic Note through which the Government of the
United States of America presented the corresponding guarantees that the death penalty will
not be applied or imposed on the extradited individual, was issued in accordance with the law
and with international custom in matters of diplomatic communications, since it contains the
Seal of the cited Mission and is signed by Mr. Deputy Chief at the
United States of America Embassy in Mexico, who is the official accredited by the
Government of the United States of America before the Government of the United Mexican
States to sign Notes of that kind.-------------------------------------------------------------------------
Therefore, this Ministry takes into account the fact that the guarantees
presented in Diplomatic Note 17-0245 from January 19, 2017, constitute a commitment on
the part of the Government of the United States of America to the Government of Mexico in
regards to the non-imposition of the death penalty on the extradited individual JOAQUN
GUZMN LOERA, and therefore this Office of the Secretary (Ministry) of Foreign Affairs,
an agency of the Federal Executive Branch, legally empowered to manage foreign policy and
to decide about extradition requests which foreign Governments formulate, considers that the
requirement set forth in Article 8 of the International Extradition Treaty has been met, since
the Requesting Country has given sufficient assurances to the Government of Mexico that
the death penalty will not be imposed on the requested individual, or that if it were, it would
not be carried out.------------------------------------------------------------------------------------------
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ARTICLE 9
Extradition of Citizens
1.- Neither of the two Contracting Parties shall be obligated to hand over its citizens
but the Executive Branch of the Party to Whom the Request is Made shall have the power, if
its laws do not prohibit it, to hand them over if, at its entire discretions, it deems it to be
legally proper.
()
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The above equally is founded on the criteria of the Full Supreme Court of Justice for
the Nation, which resolved that the Executive Branch enjoys the discretionary power of
handing over, at the request of the Government of the United States of America, those
Mexicans who have committed crimes in that country, criteria supported in its open court
session held January 18, 2001, in which it established Judicial Precedent No. 11/2001, which
literally states:---------------------------------------------------------------------------------------------
In the same vein, it is reiterated that the United Mexican States and the
United States of America agreed to sign an Extradition Treaty to cooperate more closely in
the fight against the mentioned scourge, and therefore in the Preamble of this cited Treaty it
literally states:
The Government of the United Mexican States and the Government of the
United States of America, with the desire to cooperate more closely in the fight against
crime and to help each other mutually for that purpose, a greater assistance in
extradition matters. They have agreed to the following
0000000522
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extradition was granted legally has merit, due to the motives and foundations to which
reference has been made, as well as the antisocial nature of the crimes attributed to him,
since the due process legal benefits from the criminal regulations, which probably the
extradited individual has violated, and which, in Mexico are called crimes against life,
health, and public safety, and these are fundamental values of human beings.--------------------
- That drug trafficking is one of the most challenging problems in the global
arena because of its great financial and operations capability, as well as due to its
transnational character, since it crosses borders through a multifaceted criminal chain in
which producers, processors, transporters, distributers and sellers participate, at the
same time that their activities have diversified to other criminal spheres such as money
laundering, kidnapping, bribery, weapons trafficking, among others: therefore the drug
trafficking problem is a challenge of a transnational nature.
- This scourge has been able to set up transnational networks to cultivate drugs
on a continent, or a determined region, the same as to move them, store them, distribute them
and commercialize them. Therefore, drug trafficking cannot be considered only a local
problem, since it crosses borders and it constitutes a problem with a regional and
worldwide reach. Due to this, this illegal activity has not only become a worry for the
Mexican Government but also for the international community because of the grave
harmful effects it has on the ability to govern, the democratic system, the economy,
finances and because of the social harms that it causes.---------------------------------------
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()
Deeply worried by the magnitude and growing tendency of the production, demand
and illegal trafficking of narcotics and psychotropic substances, which represent a grave
threat for the health and wellbeing of human beings and undermine societys economic,
cultural and political foundations.
Profoundly worried also by the sustained and growing penetration of the illegal
trafficking of narcotics and psychotropic substances in diverse social groups, and in
particular, by the use of children in many parts of the world as a consumer market and as
instruments for the production, distribution and illegal commercializing of drugs and
psychotropic substances, which carries with it an incalculably grave danger.
Recognizing the connections that exist between illegal trafficking and other organized
criminal activities linked to it, which undermine legal economies and threaten the stability,
security and sovereignty of Governments,
Conscious of the fact that illegal trafficking generates considerable financial gains
and large fortunes which permit the transnational criminal organizations to invade,
contaminate and corrupt public administration structures, commercial and financial activities,
and society at all levels,
Decided to deprive the individuals dedicated to the illegal trafficking of the product of
their criminal activities and thus eliminate their principal incentive for said activity,
Desirous of eliminating the profound causes of the problem of the improper use of
narcotics and psychotropic substances, understanding the illegal demand for such drugs and
substances and the enormous profits derived from illegal trafficking,
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Recognizing also the United Nations jurisdiction in matters concerning the oversight
of narcotics and psychotropic substances, and desiring that the international organization
participants in that oversight act within the United Nations framework.
()
()
Article 2.
2. The Parties will fulfill their obligations derived from this present Convention.
That both Mexico as well as the United States of America are part of the United
Nations Convention Against Transnational Organized Crime, in which the international
62
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community demonstrated the political will to confront a worldwide problem with an answer
which was not just regional, but universal, in which the intention of the nations to take on the
problematics about if criminal activity crosses borders, action on the part of the law has to do
the same thing. That the rule of law cannot be limited to using solely national means, that if
organized crime undermines the progress and the human rights of a society, it takes
advantage of the opening and the possibilities offered for worldwide activity to achieve its
purposes, so then the organized community should take advantage of those same factors to
defend the human rights of their peoples, and therefore the cited Convention is a document to
confront the scourge of criminal activity as a worldwide problem, precisely strengthening
international cooperation. In that sense, in the Preamble of said Multilateral Convention, the
following statements were recorded:--------------------------------------------------------------------
()
Observing with profound concern the growing ties between transnational organized
crime and the crimes of terrorism and considering the United Nations Charter and the
relevant resolutions from the General Assembly,
Therefore, as has been defined in the realm of International Law, both the United
Mexican States and the United States of America, have contracted several obligations in
matters of cooperation against drug trafficking by signing international documents which
reflect the concern of both Governments given the need to protect the life and health of their
respective societies against the grave effects of drug trafficking and the social phenomena
that said activity brings with it, accepting that these conducts should be attacked in an
integral fashion, because both countries have recognized that the different aspects of drug
trafficking threaten the security and the essential interests of each Government, due to which
they committed to mutually offer to each other the necessary cooperation to effectively
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combat drug trafficking and drug addiction, given its circumstances as an international
phenomenon.------------------------------------------------------------------------------------------------
That the damage which drug trafficking activities cause to the populations of different
Countries, such as the commercializing of cocaine and other psychotropic substances, in its
various stages, from its production, sale, distribution and even its consumption, induces the
committing of other crimes of a violent nature, and which affect the normal
development of children and adults, in addition to endangering the lives of large groups
within society affecting the lives of nations, and therefore our country has highlighted the
importance of combatting the criminal groups dedicated to trafficking drugs which cause so
much harm to society.----------------------------------------------------------------------------------
- That drug trafficking has grave implications which affect the fabric of society
and social co-existence due to the violence and criminality it produces, derived from the
confrontation of criminal groups to control markets and territories, and therefore, countries
have to dedicate greater economic resources to provide care for addiction, prevention and
rehabilitation.-----------------------------------------------------------------------------------------------
64
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the executive and judicial branches of Governments, are the most important links in the fight
against international crime, especially concerning drug trafficking crimes.-----------------------
In light of what is stated above, this Ministry takes into consideration the fact
that the crimes for which the extradition of the now extradited individual is requested, have
the distinction of being transnational crimes, which signifies that it goes beyond the
borders of just one country, therefore it is important to keep in mind that transnational crime
essentially differs from local or common crimes, insofar as the use of market structures and
the advance in communications between countries, since the former use the infrastructure of
economic, social, and cultural globalization to strengthen and increase their functionality,
and therefore this Ministry stresses that the international element appears when the criminal
conduct affects the security interests of the world community, as is precisely drug trafficking,
and violates recognized legal rights, as fundamental as the life and health of citizens, which
is the reason international law considers the conducts related to drug trafficking illegal and
incriminates in treaties and conventions the activities engaged in for that purpose, precisely
because of their repercussion and the harm caused in the populations of diverse countries---
65
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Considering this, it is noteworthy that from the evidentiary elements sent by the
United States Government to support the request which is being decided, it may be inferred
that the agreement for trafficking cocaine and marijuana was carried out with the
participation of several members belonging to a criminal organization which engaged in
activities in more than one Country, because allegedly it is a transnational criminal
organization, and said organization could not be trafficking with seized cocaine, if said
organization had not removed it from and introduced it into diverse countries in which it
establishes its spheres of operation, for which the participation of diverse individuals who
conspire together and plan for the events which will permit them to achieve their objective is
necessary. ---------------------------------------------------------------------------------------------------
It is relevant to underline the fact that the cited multilateral Convention establishes
that the Governments which are Parties shall adopt provisions leading to the optimum
application of this Convention insofar as possible, through international cooperation,
bearing in mind the adverse effects of organized crime on society in general and on
sustainable development in particular (Article 30).------------------------------------------------
Article 15
Jurisdiction
66
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Following this line of thought, this Ministry bears in mind that the
conducts allegedly employed by the criminal Organization headed by the now extradited
individual, did not have as their principal purpose to introduce narcotics to Mexico, given
that our country just served as an intermediary route, because the final destination was the
distribution of cocaine in the United States of America; meaning, in the transit process for
the cocaine towards United States territory, Mexico only represented a phase in the life cycle
in the crime of trafficking said narcotic, because presumably it is a transnational criminal
organization, and said organization could not traffic with narcotics if it does not extract them
from and introduce them into diverse countries in which it establishes its spheres of
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operation, for which the participation of diverse individuals who conspire and plan the
events which will permit them to achieve their objective.--------------------------------------------
ARTICLE 1
Obligation to Extradite
1. ()
2. When the crime may have been committed outside of the territory of the
Requesting Party, the Party to Whom the Request is Made shall grant the
extradition if:
a) Its laws provide a punishment for said crime committed in similar
circumstances; or
b) The individual being requested is a citizen of the requesting Party, and said
Party has jurisdiction in accordance with its laws to judge said individual.
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same category in the Federal District, before whom the Attorney Generals
Office files for the criminal prosecution.
Given the above, Mexican laws state that said laws may be applicable
to those crimes which are commenced, prepared or committed abroad, when they produce or
the intent is that they have effects on the Republics territory, which would be this present
case given that, a contrario sensu, apparently the crimes were prepared outside of the United
States.
In the event that the alleged criminal is not to be found in the national
territory, it is possible to request an international extradition, as happens a contrario sensu,
bearing in mind that the repercussion of said illegal conducts would be precisely in United
States territory.-------------------------------------------------------------------------------------------
Given the above, from the records it may be inferred that the now
extradited individual is accused in the Requesting Country of directing a conspiracy, which
with several individuals agreed to transport cocaine and other drugs, from other nations
towards the United States of America, and therefore it is evident that in all the places in
which the conduct of coordinating the transport of the drug was engaged in, with other
individuals members of the criminal organization of which he was a part, the crime of
conspiracy was committed which is attributed to him. Therefore, that criminal conduct of
having conspired with other individuals to achieve their goal, was also carried out in said
country to the north, since in United States territory and in diverse countries members of the
criminal organization were to be found.----------------------------------------------------------------
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therefore in this case, any of the respective governments could have jurisdiction to try
the defendant for the conducts of which he is accused, and therefore, it will be proper to
grant extradition to the Government of the country which has taken preliminary
jurisdiction over the acts or requested his arrest based on the respective Treaty, which
literally states:
I. FINAL CONCLUSION.
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Treaties, these are international instruments of which Mexico is a party and that they are the
Supreme Law of the Union in accordance with Article 133 of the Political Constitution of the
United Mexican States.-----------------------------------------------------------------------------------
In view of what has been stated above, the Ministry considers that in compliance with
the international obligations contracted by the Mexican Government, it has legal merit
to grant its CONSENT TO THE EXCEPTION TO THE RULE OF SPECIALTY
to the Government of the United States of America, so that it may prosecute Mr.
JOAQUN GUZMN LOERA, alias Joaqun Guzmn Loera, alias Joaqun
Archivaldo Guzmn Loera, alias Joaqun Archivaldo Guzmn-Loera, alias Chappo
Guzmn, alias Chapo Guzmn, alias Chapo, alias El Chapo, alias El
Arquitecto, alias El Architecto, alias Gilberto Osuna, alias Max Aragn, alias
Jos Luis Ramrez, alias El Rpido, alias Shorty, alias El Seor, alias El Jefe,
alias Nana, alias Ap, alias Pap, alias Inge, alias El Viejo, alias El Primo,
alias El Padrino, alias To, at the Federal District Court for the Eastern District of
New York, United States of America, within the Fourth Superseding Indictment, Case
Number 09-CR-466(SLT)(S-4) presented on May 11, 2016, for additional crimes than
those for which his international extradition was granted, because the cited request for
consent, is found to be appropriate to Article 17, Number 1, c), from the Bilateral
Extradition Treaty, and therefore it is to be agreed and is:-------------------------
AGREED:
FIRST.- That the Minister of Foreign Affairs has legal standing to decide in
this present matter, in accordance with what is stated in the previous
Legal Foundations I.--------------------------------------------------------------------
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(4) in Charge Four, conspiracy to distribute and possess with the intent to
distribute a controlled substance: to wit, five kilograms or more of cocaine,
in violation of what is stipulated in Sections 846, 841(a), and
841(b)(1)(A)(ii)(II) of Title 21 of the United States Code;---------------------
72
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Marijuana and heroin are Category I controlled substances and cocaine and
methamphetamine are Category II controlled substances, according to Section 812,
from Title 21 of the United States Code
(Signed illegible)
DR. LUIS VIDEGARAY CASO.
73
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:~ ~J 'z s ~.
Acusados
Yo, Jesus Manuel I'ierro Mendez, proporciono bajo pena de perjurio la siguiente declaracion,
verdadera y correcta:
2. Fui arrestado en los Estados Unidos en octubre de 2008. Fui condenado por delitos de
1
~Eh~E:~'cf-~E.. E..~h:
~ ~l E i~f ~I~ N::
~~Ctrc~c, t ~~~.
Case 1:09-cr-00466-BMC-RLM Document 110-2 Filed 08/03/17 Page 2 of 11 PageID #: 1450
~~ 2 S<
jefe bajo GARDUNO-ESCOBBDO, ya que Ies pagaba bien a sus trabajadores y protegia
GARDUNO-ESCOBEDO.
;~
z
Case 1:09-cr-00466-BMC-RLM Document 110-2 Filed 08/03/17 Page 3 of 11 PageID #: 1451
c-Y K...
~ ~-~~ ~ 5,
~xito del trailer y cargado en otros vehiculos, los cuales salieron de la bodega justo en el
momento en que llego la policia y arrestb a cinco de Ios leis trabajadores de CiARDUNO-
rota del camibn, para facilitar su transporte. El trailer de plataforma llevaba 300
3
Case 1:09-cr-00466-BMC-RLM Document 110-2 Filed 08/03/17 Page 4 of 11 PageID #: 1452
25
.. ;. r;
~~
O-
~,NDEZ y DE LA O LOPEZ. Yo recibia drdenes de FTERR
apolis y para
y de LOZANO-M~NDEZ para establecer cantactos en Indian
coordinar Ia
cargamentos de drogas a esa Ciudad. Tambien se me pidib
apolis a nombre
leccion de las ganancias procedentes de la yenta de drogas en Indian
ERNANDEZ y
de FI~RRO-R.AMIREZ, LOZANO-MENDEZ, DAVID SANCHEZ-H
cocaina a Indianapolis,
DE LA O LOPEZ. Yo particip~ en varios cargamentos de
de 40 kilogramos y un
incluyendo un cargamento de 25 kilogramos, un cargamento
a que pertenecia a
cargamento de 6 kilogramos. Los cargamentos incluian cocain
ERNANDEZ y DE
FTERRC)-RAMIREZ, LOZANO-MENDEZ, DAVID SANCHEZ-H
de la yenta de drogas del
LA O LbPEZ. Yo hice arreglos para el regreso de las ganancias
, pero las ganancias deI
cargamento de 25 kilogramos y del cargamento de 40 kilogramos
ades policiacas de los
cargamento de seis kilogramos fueron confiscadas por las autorid
que estas fueran enviadas
Estados Unidos, aproximadamente en agosto de 2007, antes de
a la organizacion.
MIREZ, proporcionando
10. A fines de 2007 o principios de 2008, ayude a FIERRO-Rf1
persona le debia dinero a
informacion sobre el dueno de Romeo's Bar en El Paso. Esta
o de aproximadam:ente
FIERRQ-RAMIREZ por su participacibn en un'cargamento perdid
AMIR~Z y a GARDUNO-
150 kilogramos de cocaina que pertenecia a FIERRO-R
de revision en Siena
ESCOBEDO, confiscado por la Patrulla Fronteriza en un panto
La informacion que yo le
Blanca, Texas aproximadamente en agosto de 2007.
. .1 ~ ~.- ., ,i
~ ;;
~'LjE;t. Ei,.~1
' ~hi~F;Ai. ;;,~~ 4
~~ t R.m ~ ~- ., ._ _ _
Case 1:09-cr-00466-BMC-RLM Document 110-2 Filed 08/03/17 Page 5 of 11 PageID #: 1453
~Z 5 ~
c~~ p. .. .
12. A principios de 2008, en medio de la creciente violencia cn Ciudad 3u~rez entre los
:~.jf~Mexico.
GUZMAN LOERA es uno de los cabecillas del Cartel de Sinaloa. GUZMAN LOERA
`r~~+~ r
'":.e.
5
Case 1:09-cr-00466-BMC-RLM Document 110-2 Filed 08/03/17 Page 6 of 11 PageID #: 1454
~z s ~
~~
~ ~3 r ~
NIJN~Z-MEZA y a otros a Ciudad Juarez, para no perder la plaza al
~:
Yo conoci a MARIO NiJN~Z-M~ZA cuando llegb a Ciudad Suarez.
guerra para sostenex uno de los corredores del Cartel de Sinaloa, critico para ei transporte
usaba el Cartel de Sinaloa como rota de transporte. Yo me reuni con AME1D0 NLINEZ-
IS. Los socios de MARIO NIJNEZ-MEZA incluyen a Tose Antonio Torres Marrufo,
del Cartel de Sinaloa, para "linnpiar" la plaza de Juarez de rivales miembros del Cartel de
cocaine de El Paso, Texas a otros lugares en los Estados Unidos pare su distribucibn. En
~~~ .. D
i ~ w r: e ~ ~ a ~
~,
Case 1:09-cr-00466-BMC-RLM Document 110-2 Filed 08/03/17 Page 7 of 11 PageID #: 1455
z
~~m~cial en El Pa
so, Texas. Posteriorm ~'~ F _
ente yo envi~ el are .~
na a Ciudad Juarez
apoyar 1a guerra contin Para
ua del cartel.
la b'. Yo cgnoci por pr
imera vez a SALAS-
VALENCIANO dura
nte una reunion con
`' Ontiveros-Araxnbul Fernando
~:=., a en Culiacan, Mex
ico. SALAS-VALEN
CIANO era un trafic
ante de
~~~
?'~~ cocairia y de marihuana cuya ba
se de operacibn esta
ba en el Valle de Ju
-..
~ r ~~.:-. Cui~atl.~Juarez. E firez al sureste de
l propbsito de la reun
ion era desarrollar un
a estrategia para de
los lugares controlados smantelar
por la organizacibn
de trafico de drogas
de Escajeda en el
de Juarez y para que Valle
SALAS-VALENCIA
NO tomara el control
del Valle de Juarez
Ontiveros-Ar~mbula. para
~~
7
~ C t~s `l' r~ c
Case 1:09-cr-00466-BMC-RLM Document 110-2 Filed 08/03/17 Page 8 of 11 PageID #: 1456
2.5
,/I
% -
Jesus Manu ~ rro en ez
..,,~ ~
,~E+, f 3i~~~
8
-~~
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i, Jesus Manuei Fierro Mendez, under penalty of perjury provide the following declaration,
1. I am a citizen of Mexico.
2. I was arrested in the U.S. in October of 2008. I was sentenced for crimes of drug trafficking and
currently I am serving a sentence.
3. Approximately from 1997 to 2008 I worked as a police officer in the city of Juarez, Chihuahua,
Mexico. Approximately in 2005, I began working for a drug trafficking organization led by Sergio
Garduno-Escobedo. I helped the organization by providing intelligence work as well as security
for drug shipments. Garduno-Escobedo was associated with the Sinaloa Cartel and reported to
German Magana-Pasos, also known as "Paisa." Magana-Pasos worked directly for Ismael
Zambada Garcia, in drug trafficking activities, money laundering, and trafficking arms (firearms)
in the name of the Sinaloa Cartel. I met with Garduno-Escobedo on numerous occasions during
the time I worked with this organization to discuss drug trafficking activities.
4. I have two half-brothers, Jesus Rodrigo Fierro-Ramirez and Arturo Lozano Mendez, who also
worked for the Garduno-Escobedo organization. Other members of the Garduno-Escobedo
organization include Mario de la O Lopez, Arturo Shows Urquidi and David Sanchez-Hernandez.
David Sanchez-Hernandez had the reputation of being a good boss under Garduno-Escobedo
because he paid his workers well and protected their interests. Garduno-Escobedo was in charge
of two squadrons of assassins, one of them was commanded by Fierro-Ramirez and the other by
David Sanchez-Hernandez. Lozano-Mendez was the personal bodyguard of Garduno-Escobedo
and he was responsible for bribing the municipal police in the name of Garduno-Escobedo.
5. Garduno-Escobedo's organization trafficked cocaine. The organization's cocaine was stamped
(marked) with the cartoon character "Memin Pinguin." Garduno-Escobedo's organization
received cocaine shipment of approximately three tons each, of which, arrived in tank trucks to
Juarez, Mexico. These shipments were divided into smaller shipments to be sent to various
locations in the United States. The organization's cocaine belonged to Garduno-Escobedo,
Magana-Pasos and Zambada Garcia. Fierro-Ramirez, Lozano-Mendez, De la O Lopez and David
Sanchez Hernandez trafficked cocaine in its name. Between 2006 and 2007, Fierro-Ramirez
shipped approximately 40 kilograms of cocaine a week to different cities in the United States.
Garduno-Escobedo's organization also collected millions of dollars of profit, from the sale of
drugs in the United States, which was then transported to the organization in Mexico.
6. Atone time I was at a warehouse in Juarez city with Garduno-Escobedo, David Sanchez-
Hernandez, De La O Lopez, Shows Urquidi, Fierro-Ramirez, Lozano-Mendez and others, when we
had to quickly unload a cocaine shipment off a trailer because the media arrived and called the
police. The shipment was successfully unloaded from the trailer and loaded into other vehicles,
which left the warehouse exactly at the moment the police arrived and arrested five of the six of
Garduno-Escobedo's workers, which had been left behind.
7. Approximately in 2007, Lozano-Mendez asked me for help in transporting of cocaine in Juarez
city, which had been loaded on to a platform trailer. By Lozano-Mendez's request, I closed
automobile traffic access all along the route of the truck for easy transport. The platform trailer
carried 300 kilograms of cocaine and that day they made five trips in Juarez to transport a total
of 1,500 kilograms of cocaine.
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8. At the end of 2006 and the beginning of 2007, Lozano-Mendez also asked for help smuggling the
drug earnings. At Lozano-Mendez's request, I picked him up in a police car. Lozano-Mendez
placed three black bags in the trunk of the vehicle, which contained more than a $1,000,000 in
cash. Afterwards, I transported Lozano-Mendez and the money to a meeting with an individual
unknown to me.
9. In the beginning or the middle of 2007, I began moving shipments of cocaine to Indianapolis,
Indiana for Fierro-Ramirez, Lozano-Mendez, David Sanchez-Hernandez and De La 0 Lopez.
received orders from Fierro-Ramirez and from Lozano-Mendez to establish contacts in
Indianapolis and to coordinate drug shipments to that city. I was also asked to coordinate the
collection of the proceeding drug earnings in Indianapolis in the name of Fierro-Ramirez, Lozano-
Mendez, David Sanchez-Hernandez y De La O Lopez. I participated in several shipments of
cocaine to Indianapolis, including a shipment of 25 kilograms, a shipment of 40 kilograms and a
shipment of 6 kilograms. The shipments included cocaine that belonged to Fierro-Ramirez,
Lozano-Mendez, David Sanchez-Hernandez and De La O Lopez. I made arrangements for the
return of the drug earnings for the 25 kilogram load and the 40 kilogram load, but the earnings
of the shipment of the six kilograms were confiscated by the United States police authorities,
(United State Law Enforcement Authorities), approximately in August 2007, before they had
been sent to the organization.
10. At the end of 2007or beginning of 2008, I helped Fierro-Ramirez, providing information about
the owner of Romeo's Bar in EI Paso. This person owed Fierro-Ramirez money for his
participation in the lost shipment of approximately 150 kilograms of cocaine that belonged to
Fierro-Ramirez and Garduno-Escobedo, confiscated by the border patrol during a stop in Sierra
Blanca, Texas approximately in August 2007. The information that I provided to Fierro-Ramirez
included a physical description of the bar owner, a description of his vehicle and other details
that would help locate him. I know that Fierro-Mendez used that information that I provided to
look for bar's owner but I don't know if he was ever located.
11. During this period of time, the violence escalated between the Garduno-Escobedo's organization
and parts of the Juarez Cartel to obtain and protect lucrative drug trafficking corridors. Thus,
Garduno-Escobedo and other members of the organization including Fierro-Ramirez, Lozano-
Mendez, David Sanchez-Hernandez and De La 0 Lopez obtained weapons to help in the war
against the Juarez Cartel. Lozano-Mendez had an active role and Lozano-Mendez and his
squadron of assassins were commissioned to the task of focusing on the members of the Barrio
Azteca gang which were acting as executioners for the Juarez Cartel.
12. At the beginning of 2008 in the middle of the growing violence in Juarez between the Sinaloa
and Juarez Cartels, Magana-Pasos retreated the Garduno-Escobedo's organization from the city
of Juarez. Before this, David Sanchez-Hernandez met with Magana-Pasos and spoke poorly of
the way Garduno-Escobedo was handling the fight for power against the Juarez Cartel. I think
this conversation between David Sanchez- Hernandez and Magana-Palos contributed to the
transfer of the Garduno-Escobedo'S organization to the different plazas in Mexico. David
Sanchez-Hernandez left for Mexico City.
13. In 2008, Mario Nunez-Meza, also known as "Mayito" became first lieutenant for Joaquin
Guzman Loera, also known as "Chapo." Guzman Loera is one of the heads of the Sinaloa Cartel.
Guzman Loera sent Mario Nunez-Meza and others to Juarez City to avoid losing the plaza to the
Juarez Cartel. I met Mario Nunez-Meza when he arrived to the city of Juarez. When I was in
Juarez, Mario Nunez-Meza was in charge of supervising the Sinaloa Cartel's activities including
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drug trafficking, collection and transport of the drug earnings and the purchasing of weapons
used in the war to keep one of the critical corridors for the Sinaloa Cartel for the transport of
drugs to the United Sates.
14. Amado Nunez-Meza, brother of Mario Nunez-Meza, also known as "Flaco" was based in
Durango, where he led a group of drug traffickers and worked to secure control of the Pan
American highway that the Sinaloa Cartel used as a transport route. I met with Amado Nunez-
Meza to discuss the activities of the Sinaloa Cartel.
15. Mario Nunez-Meza's associates included Jose Antonio Torres Marrufo, Adrian Avila Ramirez,
a lso known as "Bam Bam" and Gabino Salas-Valenciano. Avila-Ramirez participated in acts of
violence in the name of the Sinaloa Cartel to "clean" the Juarez plaza of rival members of the
Juarez Cartel. Avila-Ramirez was also responsible of coordinating the transport of Cocaine from
EI Paso, Texas to other places in the United States for distribution. In 2008, Avila-Ramirez
worked directly for Mario Nunez-Meza and received from Mario Nunez-Meza approximately 50
kilograms of cocaine every 15 days. Approximately in 2008, I received an AK-47, which was given
to me by Avila-Ramirez in a white pick-up truck, in a mall parking lot in EI Paso, Texas.
Subsequently i sent the weapon to Juarez to support the cartel's ongoing war.
16. I met Salas-Valenciano for the first time during a meeting with Fernando Ontiveros-Arambula in
Culiacan, Mexico. Salas-Valenciano was a cocaine and marijuana trafficker whose base of
operations was in the Juarez Valley to the southeast of Juarez. The purpose of the meeting was
to develop a strategy to dismantle the places controlled by the Escajeda drug trafficking
organization in the Juarez Valley and so that Salas-Valenciano could take control of the Juarez
Valley for Ontiveros-Arambula.
17. One time I was present when Guzman Loera gave Ontiveros-Arambula approximately 250,000 in
cash to buy firearms for his troops. Ontiveros-Arambula bought the firearms in the United States
which he gave to members of the Sinaloa Cartel in Mexico. Ontiveros-Arambula was
subsequently arrested and convicted in the United States.
18. One of my partners in Juarez was Valentin Saenz de la Cruz who is also known as "Lic." Saenz de
la Cruz was a drug trafficker who was first associated with the Juarez Cartel and then allied with
the Sinaloa Cartel. Saenz De La Cruz believed that the Juarez Cartel charged too much to permit
the movement of drug shipments in Juarez. I know that Saenz De La Cruz worked for Amado
Nunez-Meza and Mario Nunez-Meza in their drug trafficking activities. In 2008, Saenz De La Cruz
had a disagreement with Torres Marrufo and Guzman Loera, who didn't approve of the
kidnapping strategies of Saenz De La Cruz. As a result of the conflict with Guzman Loera, Saenz
De La Cruz became an independent trafficker and moved to Guadalajara, Jalisco. Saenz De La
Cruz cocaine supply was in Costa Rica.
19. As I have described previously, I have met in person with Joaquin Guzman Loera "Chapo," Mario
Nunez-Meza "Mayito," Amado Nunez-Meza "Plato," Gabino Salas-Valenciano, Sergio Garduno-
Escobedo, David Sanchez-Hernandez, Jesus Rodrigo Fierro-Ramirez, Arturo Lozano-Mendez,
Mario De La 0 Lopez, Arturo Shows Urquidi, Adrian Avila-Ramirez "Bam Bam," and Valentin
Saenz De La Cruz "Lit" and therefore I recognize the photos of these individuals which are
attached to this declaration as follows:
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4 DISTRICT OF ARIZONA
5
UNITED STATES OF AMERICA, )
6 ) CR 91-446-TUC-FRZ
Plaintiff, )
7 )
vs. )
8 ) March 21 and 22, 2006
FELIPE DE JESUS CORONA- ) Tucson, Arizona
9 VERBERA, )
)
10 Defendant. )
11
13
BEFORE: HONORABLE FRANK R. ZAPATA
14 UNITED STATES DISTRICT JUDGE
405 W. CONGRESS, COURTROOM 5-A
15 TUCSON, ARIZONA 85701
16 A P P E A R A N C E S
1 WITNESS INDEX
2 WITNESS PAGE
8 EXHIBIT INDEX
10 43 57 57
11 63 86 86
12 121 28 28
13 122 84 84
14
15
16
17
18
19
20
21
22
23
24
25
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1 P R O C E E D I N G S
4 and the defendant and the ladies and gentlemen of the jury.
8 (At sidebar.)
20 going to bring that out in direct examination only because it was going
9 Martinez-Martinez.
10 DIRECT EXAMINATION
11 BY MR. FLANNIGAN:
13 A. I am a citizen of Mexico.
15 A. Yes, sir.
17 A. Eight years.
19 A. Yes, sir.
21 A. June 25 of 2001.
23 A. Yes, sir.
25 A. 219 months.
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4 A. Nine years.
6 A. Yes, sir.
7 Q. Where was the court that you entered a plea of guilty to?
13 Sinaloa cartel.
15 A. One of the most sought after drug traffickers that are in Mexico.
20 Q. And when did you become involved with the Sinaloa cartel?
22 Q. How long then did you remain with the cartel working?
10 Q. Brownsville, Texas?
11 A. Brownsville, Texas.
12 Q. And when was it then that you completed your education there
13 in Brownsville, Texas?
14 A. 1980.
16 A. Yes, sir.
21 private company.
23 A. Mars (phonetic).
1 furniture stores that they had all through the Mexican republic.
3 when you became involved with the cartel, the Sinaloa cartel?
4 A. Yes, sir.
7 Guanajuato. I was fixing the aircraft there, the plane for that private
12 Q. Yes, sir.
17 he couldn't find his pilot and all he wanted was a pilot to fly from
18 Celaya to Guadalajara.
20 A. Yes, sir.
8 A. Yes.
9 Q. So you knew about this clandestine runway. And what did you
10 do as a result?
18 Q. Did you hear from him after that then, from Martin Moreno?
24 yes. And we went to see two or three clandestine runways that were
9 contraband from the United States but it was to bring drugs from
10 Colombia.
13 pilot, so I could show other pilots there where the runways were in
14 Mexico because what he wanted was a pilot that could show them --
15 that knew where the runways were that would come with them.
17 A. Yes, sir.
21 A. No.
24 and asked him how many days I would be in Colombia. He said it was
10
9 hotel called Plaza Del Sol. This person arrived. I gave him the
11 remember I chose Felipe Arriaga. I gave him the photos and I put the
21 Q. What kind of drugs was it that you were going to fly from
22 Colombia to Mexico?
11
3 A. Alberto Araujo.
5 A. Yes.
12 A. Well, it wasn't four days, sir. I had to wait almost six months.
13 Q. What were you doing during this six-month period you were
14 waiting?
16 tell me several things, that the plane couldn't arrive, hadn't arrived
17 with the marijuana, they couldn't find the marijuana, that the runway
18 wasn't right. That was the first months, during the first months.
21 Mexico because it turned out that marijuana that they had bought had
22 been stolen from them. So they were trying to find somebody who
24 Q. This time, this six months, you were there in Colombia waiting
25 and having these problems, did you remain in contact with Miguel
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12
1 Moreno?
5 Q. You said there at the end the marijuana was unavailable and you
6 were looking now for other sources and what happened then?
9 Colombia.
16 1986. By the time I got back, it was December of 1986. But we didn't
20 Q. Why did you lose contact with Martin Moreno simply because it
21 was December?
13
3 Q. So then did there come a point in time when you finally made
11 A. No.
13 A. I went to Guadalajara.
16 While I was in Guadalajara, Alberto Araujo came for me. And he took
21 Sir, I don't know which one it was. I don't know which apartment or
22 house complex.
23 Q. And when you were taken there, who was present when you met
24 El Chappo Guzman?
14
3 A. Yes.
5 A. He said, "Hello, friend. How are you? You are the one who did
7 do anything. But I called you to meet you because Alberto here has
8 given me very good references about you, that you were very
10 didn't do anything. So I called you to thank you and to pay you for
11 your flight" --
15 A. I told him that honestly I didn't want the money, that I felt bad
16 taking money for something I had not done because also I was
17 starting to meet them. I was afraid to take the money, take the
20 at that moment?
15
2 A. The thing is that Alberto Araujo and I were there six months.
5 Q. What made you think that returning that it would be any more
6 fruitful?
10 A. Yes.
11 Q. And what did you do before going? Were there any preparations
12 made?
13 A. Mr. Guzman suggested that I get another passport and that I was
18 A. Yes.
16
2 call.
4 A. No, she -- he was going to call me. This person I later find
8 was in charge of Agua Prieta. At that time I didn't know that he was
a
10 Beltran. And I also didn't know that he was in charge of Agua Prieta,
11 Sonora.
13 A. Little by little.
14 Q. So then when you arrive in Agua Prieta, where did you go?
16 phone call. Somebody answered. I asked for Hector. No, I didn't ask
17 for Hector. They told me I was supposed to ask for H. I asked for H.
18 H answered the phone and told me they could come by for me in two
19 or three hours. And that's the way it happened. He came by for me.
24 A. No.
17
1 you go?
4 Colombia.
16 or three days at the most and that they had a flight ready with
17 cocaine. He told me the same thing the first time I went and I waited
19 days, I didn't quite believe him. But that's the way it went.
21 A. Yes.
24 leaving the next day with the flight, to be ready. I packed my things.
18
2 another Colombian. And there was a plane there waiting for me, a
3 980 Turbo Commander with one pilot and another Colombian who was
5 Q. And the first Colombian that went with you, what was his name?
6 A. Lucas Betancourt.
11 Ecuador. I didn't find that out until later. I didn't ask anything.
I just
18 A. I don't know him, sir. I didn't ask because I just saw him for the
21 to Caqueta?
19
1 were some people waiting for us. And we parked the plane
5 was between the canopy of the trees. They fed us there. They had
6 rooms for resting. And while we were resting, waiting for it to get to
7 be 2:00 in the morning so we could take off, we ate, the pilot, the
10 they came and woke me up. They told me it's time. I bathed, I got
13 the seats. It was loaded with the cocaine and with gas canisters
14 inside.
15 Q. With gasoline?
16 A. Yes, sir.
20 A. The pilot, the Colombian and me. The pilot was steering. I was
21 as a co-pilot and the other Colombian was behind me. Behind the
20
4 A. Perfectly.
8 A. By gestures.
9 Q. So it's you and this American pilot and the Colombian. And
13 Joaquin Guzman because the person who was in contact with Joaquin
20 A. Well, I knew the one who had to speak on the radio was me
21 because the pilot didn't speak Spanish. That's why I was there in the
22 plane so I could speak on the radio and to tell the pilot where the
21
2 A. Uh-huh.
3 Q. I meant how did you identify yourself in making the landing with
5 A. What officer?
7 A. Yes.
9 A. Yes.
12 A. Yes, sir.
14 A. One calls the control tower and that is what I did. I called the
15 control tower, but I never said I was coming from Colombia. I said I
18 was already fixed. The police was taken care of. Everything was
20 Q. What does that mean, that the police was taken care of?
21 A. Well, I imagine that when they say "police," they refer to the
22 Mexican police.
24 A. Yes, sir.
22
1 A. The pilot told me I had to fill out the flight plan so we could take
4 800 kilos of cocaine in the plane. But since we were going to land in
5 Cancun, we could carry more cocaine and leave the fuel below. So
7 Q. In Colombia?
8 A. Yes.
9 Q. What was the purpose of taking the fuel with you? You
10 mentioned that you had some fuel that you took in the plane.
11 A. When you measure the distance from one city to another, you
12 say I have enough fuel in my plane to fly five hours but I have to fly
13 six hours and a half. And I can't just stop at any airport because I'm
14 carrying drugs.
16 the plane and you retank while you are on the plane through gravity.
17 They have these special fixtures in planes. So they have these special
19 They have a hose and you can put the hose in the plane
20 and you put the hose in the gas and the other end of the tube you put
23 A. Yes. That's what it's for. You do that while you are on the plane,
24 while you are in flight so you can be refueling and you don't have to
25 stop.
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23
3 tanks from the plane again. The pilot told me. I knew that I had to
4 communicate through the radio. And I knew that I had to make out
9 Veracruz.
14 up with gas, that he was in charge of the pipes out of the gas, I said,
16 apparently filled up the tank with gas. I went to fill out the flight
plan.
17 I returned. I paid the guy with the fuel and we took off.
18 Q. Toward Cumpas?
19 A. Yes, sir.
21 A. About two hours during the flight approximately, the pilot started
23 started asking the program how much time we had to get to Cumpas
24
1 A. The problem was that they had not filled up the wings with
3 what, we have six hours to get to Cumpas and the amount of gas we
4 have is for five hours and 45 minutes. So we are not going to make it
12 half and we had an hour and 25 minutes worth of gas. When we were
15 started sweating a lot. He said, "We are not going to make it." He
16 said, "We need to find a place to land. Start looking for a road or an
19 A. No.
21 A. We kept going, kept going, kept going until we ran out of gas.
24 minute. The pilot was an extraordinary pilot. We ran out of gas, out
25 of fuel in the air. The plane started moving, waving until we made it
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25
1 to the landing strip. We landed on the landing strip and the plane
5 were just gliding. He wanted to just secure the landing strip because
6 we were just gliding without fuel. So we landed and halfway down the
7 landing strip we couldn't brake and we stopped where there was a wire
8 fence.
9 Q. When you stopped you said the airplane shattered. Were you
10 injured?
12 broke.
16 meet you?
18 There were 15 or 20 people. I didn't know them all. But there were
19 three people there. Joaquin Guzman. I didn't know who he was then,
21 Beltran-Leyva was also there. And there were armed people there that
22 I didn't know.
26
3 happens to Chappo Guzman, he's the one that succeeds him. He's
4 right there.
6 A. But at this time I didn't know that. Okay. That was my first
9 A. Who?
10 Q. Arturo Beltran.
16 Q. The airplane?
19 A. No, because the pilot said that it could be fixed with some new
21 that could send the landing gear to Cumpas, Sonora. And I knew that
23 that's where they sell parts for all Arrow Commander and Turbo
27
1 Commander 980 new one. They said yes. I asked them if they could
2 install it in a plane that had just broken down. They said yes. I asked
3 them if they had mechanics who could make those repairs. They said
4 yes. I said can you go to the place where there is a broken down
7 A. Yes.
9 A. $30,000.
10 Q. Did there come a time when you made another similar type of
11 trip?
12 A. One more.
18 A. Yes.
20 that time?
21 A. Yes, sir.
25 A. Yes, sir.
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28
1 Q. How much?
2 A. $30,000.
5 Honor.
7 number?
16 You may step down, sir. You may step down to the
17 map.
18 BY MR. FLANNIGAN:
19 Q. If you can step to the side so the jury can see where you are
23 A. It's not here on the map, but it's more or less right here.
29
2 A. Over here.
4 area, it will be off the map, but where you flew from Colombia to
5 Cancun.
12 A. Is right here.
13 Q. Up here. Okay. You can go ahead and take your seat then.
16 BY MR. FLANNIGAN:
17 Q. The second trip when you made it from Colombia to Celaya, did
19 A. No, sir.
20 Q. Once you made those two trips -- your testimony is you were
21 paid $30,000 for the first trip. What about the second trip? What
23 A. $30,000 as well.
24 Q. Did you make any more trips as a pilot's guide from Colombia?
25 A. No.
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30
2 A. He said why didn't I stop flying and why not help him to open
5 A. One.
10 said it was too small a city. So then he said Mexico City. And that's
24 flights that were coming towards Mexico City. For this it was about six
25 months that went by from when I got to Mexico that I started speaking
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31
2 Q. Did you make trips to Colombia or was this something you did
5 I did this by the phone. And he told me -- well, at this time he was
16 Q. How was it then that you made arrangements for the importation
17 of cocaine?
19 would speak over the phone what he would tell me. He would tell me
22 so-and-so.
24 A. Yes, sir.
32
1 for flights coming in, what arrangements would you make in Mexico to
4 Colombians to see how many planes they could send on the day
7 please to send me one or two or three planes this Saturday and I can
9 mechanics, pilots, so that they can come and see the strips, the
10 landing strips, or, if not, tell them that we can provide them guides.
12 Colombia and I would say, sir, my employer -- and at the time I would
13 say in code my father invites you to a party. So that you can please
14 send your boys this weekend. And so how many guests or how many
15 young ladies could you help me with? Young ladies meant planes.
17 A. Yes.
22 Q. These planes on the average how much cocaine would they bring
23 per flight?
25 were being used then were near Agua Prieta, and Cumpas, Cananea,
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33
3 A. Yes.
7 interior of Mexico.
12 Q. Now, what about these planes when they would come into the
16 Q. El Chappo?
17 A. Yes, sir.
18 Q. And was the cocaine then to be crossed into the United States?
20 Prieta.
24 Celaya, how would the cocaine be taken from there to Agua Prieta?
34
1 Q. What about places farther south, Celaya and places like that?
3 Q. Any Learjets?
4 A. No.
12 Q. Let me ask you now, the cocaine that is brought into Mexico,
13 approximately how much on the average was moved per month into
18 A. To Los Angeles.
21 the drugs.
24 Q. Yes, sir.
35
3 Q. Explain both. When the cocaine got to Los Angeles, how was it
4 divided up?
6 Mexico City. 55 percent was for the Colombians and 45 percent for El
10 the merchandise as long as the merchandise was not lost in the United
12 the United States of America, both parties would lose that same
18 A. Yes.
20 then?
22 Q. Now, what about the money? What would happen to the money?
23 How would the money be gotten back from El Chappo Guzman in Los
24 Angeles?
36
1 Angeles, and then the money would return in cash through the border,
9 Q. Yes, sir.
12 Q. Yes, sir.
13 A. Chappo was in control of the border with Agua Prieta. I will start
17 A. No.
37
2 A. Yes.
9 Q. Now, part of your work, working for El Chappo, did you have
19 Q. Did there come a point in time when you had any personal
21 himself?
22 A. Yes.
38
2 A. Yes.
3 Q. Now, did you make trips with El Chappo to the United States?
8 A. Yes.
11 Q. When?
15 A. Pardon me?
18 person here called Rafael Santana who was waiting here in Tucson so
20 that I could be in contact with Agua Prieta so that they would tell me
21 on what day they would give me the heroin so I could deliver it to that
23 Hotel.
39
3 Q. And after you made the arrangements here with Ralph Santana,
8 Santana wouldn't be too bothered by that since he had come all the
9 way from New York for the heroin, for me to give him 30 kilos of
14 and cocaine. Was the Sinaloa cartel involved in the smuggling of any
15 other drugs?
17 Q. What about you personally? Did you get involved any more than
19 A. No.
20 Q. Would it be fair to say you mainly were dealing with the cocaine
22 A. With whom?
24 A. Yes.
40
1 Arizona?
6 the 206 plane. And he told me to land in Agua Prieta and that a
7 person was going to be there to give me some money and that money
10 directly. And since I wasn't familiar with the landing strip in Agua
12 the American flag, I took off again and I landed in Agua Prieta.
16 A. Well, at that time I didn't know who he was because when one
17 starts with them, and we are talking about 1987, 1988, you don't
18 know who is who. They just tell you a person is going to pick you up.
19 I just want to explain this to you that I found out later who he was
21 so-and-so who is in charge of doing this. You start finding out things
23 Q. Did you find out who it was then that met you at the airport in
24 Agua Prieta?
25 A. Yes. His name is Bernardino Meza who later became the mayor
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1 of Agua Prieta.
5 A. We put them in the plane in bags with cash in them in $20 bills
6 and I flew with them to Queretaro and Chappo Guzman was waiting
7 for me there.
8 Q. At the airport?
9 A. Yes.
11 A. Yes, sir.
12 Q. Now, you mentioned that you had come -- actually come with El
13 Chappo to the United States and I think you mentioned Las Vegas?
14 A. Yes.
17 wanted to see -- no, no, he didn't say that. He said about buying a
18 plane, a 210, a Cessna 210. Now, this one I'm talking about was
19 approximately 1987.
23 favor of telling him out of the planes he wanted to buy which one was
24 better.
42
4 A. Yes, sir.
17 point.
22 BY MR. FLANNIGAN:
23 Q. Mr. Martinez, you were talking about your work as the director of
43
4 Loya-Castro.
5 Q. The lawyer?
6 A. Yes.
14 Q. Now, you were talking about the arrangements you made with
16 dealing with?
17 A. With three.
19 A. Those were the Medellin. The ones in Medellin, Cali and Bogota.
21 Colombia?
44
3 Q. When you were in Colombia, did you ever deal with Pablo
9 A. Yes.
10 Q. Personally?
11 A. Yes.
12 Q. Now, you mentioned about the tons of cocaine that were passing
13 per month through Agua Prieta. At the beginning how would the
19 would be traveling in the van in the lower part of that double floor.
21 They would put the cocaine in there. And then they would put the
22 screws back in and paint them the same color as the floor.
23 Q. Who would drive these vans across into the United States?
45
6 Prieta?
8 Q. What about the vans once they would cross the port of entry?
12 A. Driving. The people would drive them to Los Angeles from Agua
13 Prieta.
15 A. I couldn't tell you. I never came with them to be able to tell you
17 Q. Would the same people be bringing the money back from Los
20 Q. Your dealings with the money -- you mentioned how you would
25 Agua Prieta.
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1 Q. How much money would you -- what was the most amount of
2 money that you had got yourself involved with transporting or taking
5 Q. Yes, sir.
8 A. I wouldn't be able to tell you exactly, but that was in the '90s,
13 well?
14 A. What cartels?
16 A. What payments?
17 Q. Any expenses out of that $30 million. Did you have to pay
18 anything or did you just deliver the whole amount to Chappo Guzman?
23 Q. Would he ever test you to see whether you were being honest
25 A. Yes.
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5 A. He would say, well, how much arrived? There is eight suit cases,
9 Q. Did he let you know he was testing you? Did he tell you that?
11 Q. Now --
15 Q. Where did El Chappo stay during the time you were working for
17 A. At that time he had one house -- well, not one house. He had
19 every day all day. He would be traveling in his jets from one city to
21 and one night he would spend in one house and another night in the
22 other.
24 another two or three houses there, and spend one night in one house
25 and then another night in another house. The next day he would go to
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1 Tepic, Nayarit and there he would have another three or four houses,
2 spend one night in one house and another night in another house.
5 Q. How would you get in contact with him if he's on the road so
8 Q. You would --
9 A. And pagers and calls that would come in one place and you
11 somewhere else.
14 Q. Was there anyone else who knew how to get in touch with him
15 besides you?
16 A. Yes.
23 A. At that time, yes. But what I heard already in jail over here, he
24 was killed.
25 Q. He is dead now?
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3 A. Yes.
4 Q. How many?
7 A. One lived in Guadalajara, one lived in Tepic and the other lived
8 in Mexico City.
11 lived in Mexico City, Griselda. And the one that lived in Tepic, Estela.
13 A. Salazar.
15 A. Yes, sir.
20 Q. Now, let me ask you about Arturo Guzman. You mentioned him
23 A. Yes.
50
1 Agua Prieta, Sonora with Arturo Beltran and Hector Beltran. And there
4 money, but he got out on bail within two or three days. I don't
5 remember exactly, but El Chappo told me how much they had stopped
6 him with and I think it was a million dollars. And immediately upon
11 A. No.
13 A. Never.
15 A. Never.
19 explain to you that my job for the Sinaloa cartel was to establish
24 A. No. That I found out that they had somebody killed, yes.
51
1 A. He didn't talk about that, but his gunmen would speak of it with
2 me.
4 A. At this time?
5 Q. Yes, sir.
7 always around him, and then when he went out, there would be
8 another 10 or 12.
10 contact with the Colombian cartels and bringing cocaine into Mexico
11 and transporting it north. Did you -- as the planes were coming in,
14 Q. And did you have any code between you and them that you
15 would use besides what you mentioned earlier about women being
18 would always use high frequency, HF, radios that we would have in El
19 Chappo's office. And we would call by radio to the planes, and many
20 times even we would call directly to the ranches where they had the
22 Q. Did you have any sort of whistling code you would use?
23 A. Yes.
25 A. So that the Colombian pilots that was flying would know that
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3 A. Me.
5 A. I guess so.
8 A. We knew that a lot of the times the police, the American police,
12 was fine. As long as they heard the whistling, they would know that
13 everything was fine, that the place they were going to everything was
14 fine, everything had been arranged. And they would answer me with
17 A. I am Gordo.
19 A. El Gordo, yes.
21 A. Every day.
23 mean anything?
24 A. Yes, sir.
25 Q. Who is he?
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3 He said no. He went to trial. He lost. They gave him 19 years. And
I
5 Q. Would it be fair to say that all of the cocaine that was going
7 A. Yes.
8 Q. You were talking earlier about planes being used. Did there
10 much?
11 A. Yes, sir.
14 Mexican police. The Mexican police informed Chappo that the United
19 Colombia then automatically the planes that the U.S. has there would
23 the plane with the drug, the American plane is following which is a
24 citation and they are following this plane through this laser camera.
54
3 much he said that he knows about it, I would submit that it is not
4 speculation. He knows --
6 BY MR. FLANNIGAN:
9 He told me so I could explain this to the pilots that were coming from
12 called the P 3. It's a big plane with a dish on top. This plane would
13 leave -- would take off from Corpus Christi and it would go through the
18 take off again and go through all of the Atlantic until it got to Corpus
19 Christi. That plane could detect all the planes that were coming from
21 ones in Yucatan, Mexico, a city. And the planes would take off and
24 Q. A day?
55
1 were there one or two days for maintenance. And the Colombians
3 them what day the plane was there for maintenance. So on that day
6 send what was called a bait. I am explaining this to you because you
7 asked me. You asked me why the carrying by plane was stopped.
10 so that the two planes would think it carried drugs. They would follow
11 the plane without the drugs. And then on this side, the other four or
15 to Mexico?
16 A. Completely.
22 A. By ship.
56
2 Q. Yes.
3 A. No.
10 recess.
19 Stand at recess.
21 come into the courtroom. I don't know there is any way I can keep
22 her out of the courtroom. It's a public hearing. She is not on the
jury.
57
4 BY MR. FLANNIGAN:
5 Q. Mr. Martinez, I will show you what has been marked as Exhibit
7 photograph?
8 A. Yes, sir.
9 Q. Who is it?
11 Guzman.
12 Q. Does this fairly and accurately portray the way he looked when
14 A. Exactly.
15 Q. And there's a person behind him. Can you see part of that
17 A. I think that from the part that you can see of her face that it's
23 BY MR. FLANNIGAN:
25 those wives?
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2 Q. You think this is Estela here behind El Chappo but you are not
3 sure?
5 Q. Did there ever come a point in time when you met a person by
8 Caballo.
10 A. Yes.
14 Camarena?
25 A. Yes, sir.
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6 Q. How long after you met Camarena was it that you met
7 Mr. Corona?
10 A. Yes, sir.
12 A. He's sitting over there next to the lady over there with glasses
13 on.
15 A. I don't know who the defense attorney is, but he's sitting next to
18 A. Yes, sir.
22 BY MR. FLANNIGAN:
24 defendant Corona?
25 A. The way I met him was that El Chappo introduced him in his
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1 house and said, look, I want to introduce you to the attorney -- or the
2 architect Corona.
5 Ralph Santana was there. And also two or three of Chappo Guzman's
9 defendant Corona?
10 A. No.
12 A. On several occasions.
17 where he had a zoo. I saw him in Celaya, Guanajuato and I saw him
18 in Mexico.
19 Q. Did you ever see him, the defendant Corona, with Rafael
20 Camarena?
23 A. Yes, sir.
61
6 A. Yes.
9 Q. Now, you mentioned there were some offices above the grocery
10 store or the general store there. Can you describe those offices?
11 A. In the part below was the store part, the general grocery store.
12 The upstairs part were Chappo Guzman's offices and in the rear was a
13 warehouse.
14 Q. And how often would you -- had you been to El Chappo's offices
18 A. Always.
19 Q. What was Mr. Camarena's role with the organization at that time
24 Chappo Guzman.
62
1 A. In Guadalajara.
3 A. Yes.
4 Q. So how long after that was it before you went to head up the
7 Q. So would it be fair to say this was the period of time when you
8 were making those flights, a couple of flights you said you made from
9 Colombia to Mexico?
10 A. Exactly.
11 Q. Now, on occasion you had mentioned several times you had seen
12 Mr. Corona. Did you ever see him interact with El Chappo Guzman?
15 A. Yes.
16 Q. And can you describe for the jury how they would address each
25 say "you," the word "you," would you use "tu" or use "usted"?
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6 A. Yes.
9 Q. Mr. Salazar, what did he do for the cartel? What was his job?
12 Q. Now, you had mentioned that Mr. Corona had built this grocery
14 A. Yes.
15 Q. Are you aware of any other structures that Mr. Corona designed
17 A. Yes.
20 BY MR. FLANNIGAN:
21 Q. Go ahead and answer. What other structures are you aware of, if
64
1 Guanajuato.
3 Celaya. And between those two cities, there's a little town called El
5 Q. Now, when was it that you saw the defendant at this "bodega" or
8 Q. Was there anybody else that you knew who was working on that
9 warehouse?
15 A. Yes.
17 A. Yes.
18 Q. And did you say you saw Corona there on the site as well?
19 A. Yes.
23 else.
25 A. Yes.
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3 A. No.
5 A. No.
6 Q. And did you see what he was doing when he was there? In other
7 words, did you see him talking to anyone else, talking to workmen,
11 Q. When you say "giving orders to the workmen," how was he doing
16 Q. Did you see him making any movements, gestures with his
17 hands at all?
18 A. Yes.
21 the construction.
23 see Corona?
24 A. One time.
25 Q. Did you ever have a chance to see the work -- the warehouse
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2 A. Yes.
6 roof, the roof that my father made, which was made of galvanized
7 steel. A large door. And in front of that warehouse was a farm that
10 A. No.
12 A. I imagine as entertainment.
16 you'd say something like I made this warehouse to store corn or beans
18 Q. Did you see El Chappo ever use the warehouse or are you aware
20 A. No.
21 Q. Let's talk about some of the other structures that you referred to
22 where you are aware defendant Corona had built. It was the
24 in Celaya, Guanajuato?
25 A. Yes.
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4 Number 102. The other one is at Paseo Del Bosque Street, Number
6 bought those two houses there. And he was also the one in charge of
9 A. Yes, sir.
12 A. Yes.
16 Q. To both houses?
17 A. Yes.
19 A. No.
21 A. No.
22 Q. What did you see -- let's talk about the one Colonia Murillo.
23 What did you see him doing -- defendant Corona doing there?
68
5 Q. How many times did you see Mr. Corona there at that Colonia
6 Murillo residence?
7 A. One time.
8 Q. Did you have occasion then after the structure was complete
9 to --
12 A. Yes.
16 A. I didn't know. I didn't know where they were going to put them.
17 I saw the safes outside of the house. They were bringing them inside.
21 A. No.
22 Q. Did you have a chance then to go to this Colonia Murillo and see
24 A. Yes.
69
3 Q. Where they were digging, where you had seen the defendant
5 A. I saw they were bringing out a lot of dirt, but specifically I don't
12 A. Yes, sir.
14 A. It's a house that's on Murillo. It's a house that has half a block
15 of construction. It's a very pretty house of just one story with five
18 A. Yes.
21 stash, "clavo." In the main bedroom, underneath the bed there was a
22 hydraulic system in which the bed would raise. People would enter
70
1 anything like that. When I got to the house, I knew that they had
3 there. And when I went to make my bed, I realized that the mattress
4 didn't fit. So I started to try to make the mattress fit and then I
7 A. Yes.
10 Q. How would you make the bed rise up to reveal the secret
11 chamber?
12 A. I had to make a hole through the bed, put some new batteries
15 A. Yes, a switch.
17 A. On the wall.
19 you had seen the defendant, Paseo Del Bosque. Tell us about that.
21 in the same way. It works the same way as in the other house.
22 Q. What did you see the defendant Corona doing over there?
25 arrangements with Ignacio Araujo to enter the house, for the workers
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7 A. One time we went out to the farm and we crossed there in front
15 Q. Let me talk now about the warehouse and the grocery store in
16 Guadalajara. Are you aware of any secret rooms that were there?
17 A. Yes.
20 store. That's where the warehouse was. There in the warehouse there
23 mentioned that is one of the structures or one of the things that the
25 A. Yes.
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2 A. Yes.
4 A. It was a very pretty farm with a very pretty house, a very big
5 pool, and some land there to plant either corn or beans. And in the
6 back there were the cages for these exotic animals that Chappo had,
10 Q. Such as parties?
11 A. Yes.
13 A. Several.
14 Q. Now, let me ask you about El Chappo's use of drugs. Would you
16 A. Chappo?
17 Q. Yes.
18 A. Personally?
19 Q. Yes.
20 A. Yes.
21 Q. On what occasions?
24 Q. When you would see him -- strike that. How often would you
73
3 A. Yes.
6 Chappo Guzman had not totally finished the zoo yet. They were
7 constructing it, building it. Later, when we went to Mexico City, they
9 Q. Let me ask you, when you were in Guadalajara, how often would
13 office there, Mexico City? How often would you see El Chappo
14 Guzman?
16 Chappo Guzman.
17 Q. Contact?
18 A. Yes.
19 Q. How about in person? How often would you see him in person?
22 and going there. Would it be fair to say that he would return often to
23 Mexico City?
25 ended up having three jets. And when you fly in a jet, you move in
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6 that?
8 he took one of his families to Mexico. And that his business started
to
12 A. No.
19 Mr. Corona had built. Are you aware of any others that you haven't
24 BY MR. FLANNIGAN:
25 Q. Are you aware of any other secret chambers with hydraulic lifts
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2 A. Yes.
5 Q. Other than the tunnel in Agua Prieta, are you aware of any
6 others?
7 A. No.
11 A. He said they were crossing the drugs through vehicles with false
14 were not compadres yet, "now I have a fucking cool crossing. The
16 Q. Did he give you any instructions with regard to what you should
18 A. "Tell them to send all the drugs that they can send because now
20 Q. After that did you notice an increase in the amount of drugs that
21 were sent?
24 Q. And what about the speed with which the drugs were taken to
76
2 started calling him the fast one, "El Rapido," because before the planes
3 were arriving back in Colombia on the return, the cocaine was already
4 in Los Angeles.
5 Q. Did you during this period of time ever travel to Agua Prieta?
8 A. Well, since I started going there, since the first time, I think
it
13 A. Yes.
14 Q. How would you get from Mexico, if it was Mexico you were going
16 A. Well, the first times we would fly to Hermosillo. And from there
18 him on the plane, the Cessna 206. And another time I went with him
19 in the jet. There we would get out in Nogales and go to Agua Prieta.
20 Then another time we went to Los Angeles and to Agua Prieta on the
21 way back.
22 Q. Let's talk about that last time when you went to Los Angeles.
77
4 Q. When you say "by land," you went in a vehicle driving from Los
6 A. Yes. I was in the car with El Chappo, a car that they gave him in
7 Los Angeles.
13 A. Yes.
14 Q. And what did you do then when you got to Agua Prieta?
17 Q. The other times now when you went to Agua Prieta with El
23 kind of hotel.
25 A. It's like a hotel and it's got the rooms all on the way around like
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1 this. So you get to the second floor through stairs. And the cars park
4 A. Yes.
5 Q. So when you say "rural," you don't mean it is out in the country?
8 A. Yes.
10 Chappo's behalf?
13 Q. Now, earlier you were talking about the times that you had seen
14 the defendant Corona and you described different times when you saw
15 him working on different structures and also you described the first
16 time when you met him personally and Mr. -- I can't think of the guy's
18 A. Ralph. The name of the man from New York was Ralph Santana.
21 Q. Other than that time, what other times did you have personal
24 Q. I am talking more like you were in the same room with him. You
79
4 architect Felipe Corona. He was doing his construction, his things for
9 was doing his business and I was doing mine. I didn't go up to him
10 and say, "Look, I'm Gordo. I'm going to fly to Colombia. I'm going to
11 bring drugs." He also didn't come to me and say, "I'm the architect
14 these constructions.
17 as "tu." Tell us about those occasions when you were present and you
20 with Joaquin, saying, "Hi, Joaquin. How are you doing? I'm going to
21 do this. I need this for the furniture. I'm going to buy this for
22 tomorrow."
80
1 with Joaquin. At the farm with Joaquin. I saw him giving orders to
2 some people that were there with him. He never came up to me and
3 said, "Gordo, come here. Let me show you what I am doing." I went
5 Q. When you would see him, how many other people would
11 Q. When you say he has at least eight people around him, how
13 Chappo Guzman?
15 Chappo, he had at least eight people with him. And before they
17 one in back, another one here, another one over here, with people
21 Q. And when you were around El Chappo Guzman and Corona when
22 they were together, did El Chappo ever talk about narcotics deals?
81
1 A. No.
2 Q. Did you ever see El Chappo Guzman pay any money to the
3 defendant Corona?
7 A. The time I saw him at the house, the time I met Mr. Corona, I
8 saw Chappo Guzman give him money. And the other occasion that I
9 saw Chappo give him money was at the grocery store. And I know it
10 was money because he said, "Here. Here is this money for what you
15 Q. Now, the times that you were around Mr. Corona, you said that
16 you didn't have personal contact with him but that you were watching
18 A. Yes.
19 Q. Can you tell us any personal things that you observed about
20 Mr. Corona?
21 A. Like what?
23 whether he had his hair well kept, what suits he wore, whether he was
25 A. Mr. Corona used to use a New Yorker, gray colored New Yorker.
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1 Q. Vehicle?
2 A. The vehicle. Mr. Corona was always very well dressed with a
6 photograph?
7 A. Yes.
9 A. Felipe Corona.
10 Q. Does that fairly show him the way he looked at that time when
15 A. Yes.
16 Q. Who is that?
21 Q. Did you ever visit with him on the occasions that El Chappo sent
23 A. Yes.
24 Q. Does this --
25 A. On one occasion.
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1 Q. Does this photograph fairly and accurately show the way Mr. Luis
5 A. Yes.
7 the jury.
9 BY MR. FLANNIGAN:
10 Q. You said you had met Luis Ruiz in Agua Prieta on one occasion.
11 He was in charge of the office there in Agua Prieta. What was your
12 contact with him on that occasion that you saw him in Agua Prieta?
15 Q. When you say you would speak to him, you mean Luis Ruiz?
17 speak with him. He would pick up the telephone and he was in charge
21 well dressed.
24 A. Yes, sir.
25 Q. Who is that?
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1 A. Arturo Beltran-Leyva.
3 A. Exactly.
5 A. Yes, sir.
6 Q. And what exactly was their role with the organization there, the
7 Beltran brothers?
8 A. They were the ones who controlled the passage of the drugs and
10 Q. Did they have any role with anything once the drugs passed into
12 A. From the moment the drugs arrived in Agua Prieta, they were in
14 Q. Let me show you now what has been marked as Exhibit 63.
23 BY MR. FLANNIGAN:
24 Q. Now, you mentioned earlier today that you had met with the
25 mayor of Agua Prieta, Bernardino Meza, who had given you money
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1 there. Did you have any other occasions where you met with
6 A. No, sir.
8 A. No.
10 A. No, sir.
11 Q. Let me show you now what has been marked as Exhibit 63 for
13 A. Yes, sir.
14 Q. Who is it?
16 Q. Is this the same person you were referring to earlier that had a
18 A. Yes.
20 A. Yes.
22 Mr. Guzman looked at the time that -- Mr. Arturo Guzman looked at the
24 A. Yes.
86
1 A. Yes.
9 BY MR. FLANNIGAN:
10 Q. Now, other than at Agua Prieta, were there any other places at
11 that time that El Chappo Guzman was passing his cocaine or his drugs
14 the time with the tunnel? Are we speaking of the years '89 to '91?
17 Q. Agua Prieta?
18 A. Yes, sir.
20 City, did you become aware of any seizures of narcotics in the United
21 States?
23 Q. Would it be fair to say you were aware of every seizure that took
24 place?
87
1 could inform the Colombians that the merchandise had been lost.
3 seizures?
4 A. Well, in the beginning it was very easy because every time that
5 the United States government would seize drugs from the Mexicans,
6 they would put it in the newspaper. They would say the government
7 seized X amount of cocaine in such and such a place. And that served
11 publishing what the seizures were and it became a war with the
16 anything?
17 A. Yes.
18 Q. Now, you said you were aware of various seizures that took place
21 A. Yes.
23 A. What I would like to ask you is that I don't recall the exact
24 amount but it was from 900 to 1,000 kilos in Phoenix which they
25 grabbed after they had crossed it through the tunnel. El Chappo told
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2 them on the truck because that dumb ass Camarena left the door of
3 the house open and a policeman went by and saw the pool table on
4 the ceiling. They followed the truck and now they know there is a
5 stash there."
8 A. No.
10 personally?
11 A. No.
12 Q. El Chappo?
13 A. I am speaking of El Chappo.
89
5 cocaine that they were going to cross through the tunnel. Somebody
6 told him that for the 900 or 1,000 kilos they had found, they had
8 had for crossing under the tunnel. He moved around nine tons of
11 "Compadre, this is over. This is fucking over. They found the tunnel
12 and it's Camarena's fault." That's when I knew that they had
15 A. Yes.
17 A. In Mexico City.
20 him and he did hide him because he told him he couldn't show his face
21 for anything because they were going to fuck him up and he told him
24 out.
90
1 knew that the United States government knew about him. And he told
2 him to hide there. He told him, "Now you in Mazatlan will be the
4 perfectly well when somebody was in trouble with the police or the
10 BY MR. FLANNIGAN:
16 things to me.
20 that they knew was coming, the police would tell him and would say,
23 receiving a ship that is loaded with cocaine and a ship that is coming
24 up the Pacific. The ship's name is Maria." Chappo would say no, all
25 right. Because they would say, "The guys from the DEA, they know of
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2 Q. Let me ask you, after the tunnel was discovered, did you see
4 A. Yes.
8 A. In Mexico City.
11 Mexico City office, Manuel Trillo and myself. He told Manuel Trillo,
12 "Locate architect Corona. Bring him to Mexico City and convince him
13 to stay in Mexico City because they are going to fuck him up because
19 the airport?
21 Q. What time of the day was it that you picked him up?
22 A. At about noon.
92
3 A. We went with him to talk in the car. I was driving. Manuel Trillo
10 A. That he didn't care. That he had his family and that he needed
11 to be in Guadalajara.
16 no.
18 A. No.
20 A. Manuel Trillo.
23 because they had discovered the tunnel. And El Chappo gave Manuel
24 Trillo orders to tell him that they had information regarding him, to
25 please convince him to remain in Mexico City because they were going
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10 Q. Did you ever see Mr. Corona after that until today?
11 A. Yes.
14 Q. Today?
15 A. Yes.
16 Q. Now, going back to the tunnel itself, how long was that tunnel in
17 operation?
19 somewhere between '90 and '91. But I'm almost sure that tunnel was
21 Q. Was any cocaine sent through the tunnel that you know of that
23 A. Yes.
24 Q. What is that?
25 A. El Chappo would do favors for Amado Carrillo and cross drugs for
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3 Amado Carrillo?
5 Q. After that, after the tunnel was discovered, what did you do?
7 Q. How did El Chappo get his drugs across the line after that, after
10 jalapeno peppers.
12 A. A factory was built where all the used machinery was bought. It
13 was put to package jalapeno chiles. One of the brands that we knew
14 was crossing to the United States was cleaned. We took the labels off
15 the box and the labels and the boxes were sent to be reproduced, to
16 be made. The cocaine was cut. The kilo of cocaine was cut with these
17 paper cutters or electric cutters that Chappo bought. The kilo was cut
18 this way and then it was folded. It was placed inside the can of chiles.
19 The can was sealed, labeled, packaged in the box and it was placed in
21 Q. And then?
23 jalapeno peppers.
25 A. Yes, normally.
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1 Q. Any other ways of bringing cocaine into the United States that El
4 Q. Like what?
5 A. In rolls of wire that was for -- what do you call it? In Mexico
we
6 call them rolls of wires. And within the mesh of the wire, you could
7 put 30 kilos or so. And then send it from the hardware store.
13 A. No, sir. It was one that you showed two or three pictures before
14 this.
21 United States.
24 talk to the people in Colombia and do the same work for him.
96
1 A. Yes.
4 Q. And when you were detained, what were the charges against
5 you?
9 laundering.
10 Q. Did any of that have to do with the cocaine that was brought
12 A. Yes, sir.
14 A. Yes.
16 A. Yes.
20 A. Yes.
21 Q. Now, when was it again that you were arrested and detained?
22 A. June 8, 1998.
97
1 A. Three years.
3 Mexico?
6 BY MR. FLANNIGAN:
13 Q. What happened?
16 A. Chappo Guzman.
19 Q. What happened?
23 your life?
98
2 Mexico.
3 Q. Mexico City?
4 A. Yes, sir.
7 Q. You were in prison. And where were you in the prison at that
8 time?
9 A. I was in my cell.
11 A. Four.
13 A. Of course.
16 Q. Fellow prisoners?
20 Q. Also by prisoners?
21 A. Yes.
23 A. Yes.
24 Q. After the first attempt on your life, wasn't there any effort to
99
2 other prison, they sent somebody with two grenades to throw them
4 cell so he threw the grenades outside of the cell. I saw the grenades.
7 Q. Was that the third time, the third attempt on your life?
8 A. Yes.
12 A. 17, 18 times.
20 BY MR. FLANNIGAN:
21 Q. Where are they? If you would point them out with your fingers.
23 A. Several.
24 Q. What organs?
100
2 kill you?
6 Q. Did you ever have any personal problems with him regarding his
7 wife Griselda?
10 thing I was getting was stab wounds. So I asked Griselda for the
12 bothered by that. And from then on I didn't know anything else about
13 El Chappo.
14 Q. Do you have any idea as to why El Chappo would try to kill you
16 A. No.
17 Q. When was it then that you were brought to the United States?
18 A. June 25 of 2000.
24 Q. Have you met with prosecutors and agents and that sort of
25 thing?
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1 A. Yes, sir. Counselor, I've met with many agents and many
4 A. Several times.
5 Q. Other than this trial right now, have you given any testimony to
6 any trials?
9 hope to achieve?
12 do that. The only thing they promised -- the only thing they offered
is
18 A. Absolutely nothing.
20 A. Well, no, sir. I'm just grateful because the government gave me
23 judge.
102
7 (At sidebar.)
8 THE COURT: Ms. Citizen has just realized when she was
20 She can identify them like what we do from the witness stand, the
22 think it is inappropriate.
23 THE COURT: You can have him stand and identify them
25 can move towards the bar and identify them if he can't see them from
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1 there.
3 forward?
7 CROSS-EXAMINATION
8 BY MS. MATHESON:
14 BY MS. MATHESON:
16 A. Yes.
22 BY MS. MATHESON:
24 A. Yes, ma'am.
25 Q. You know he's the United States Attorney assigned to the case in
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2 A. Yes, ma'am.
7 A. Yes, ma'am.
12 Q. So your sentence is 219 months but with credit for the three
13 years that you were incarcerated as you were fighting your extradition
14 in Mexico?
15 A. Yes.
16 Q. And do you know that only the United States Attorney can make
18 A. Yes, ma'am.
19 Q. And if you do not prove to be helpful, you very well may not
21 A. Yes, ma'am.
22 Q. So it's very important that you give information that will help
23 convict the man who is seated next to me, correct? Yes or no.
24 A. No.
25 MS. MATHESON: Now, I'd also like to ask the lady in the
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2 BY MS. MATHESON:
4 A. Yes.
6 A. My attorney.
11 A. Yes.
12 Q. I'm sure she has told you about the importance of being of use
14 A. No.
16 A. Am I allowed to answer?
18 A. No.
19 Q. Now, I know that you said that you've testified many times in
21 A. Yes.
106
2 A. Yes.
4 A. Yes.
6 A. Yes.
8 A. Yes.
10 A. Yes.
11 Q. You swore to tell the truth, the whole truth and nothing but the
12 truth?
14 Q. You were complete and accurate in your answers, were you not?
16 Q. And then you did the same thing today which was to tell the
17 truth?
20 A. Yes.
21 Q. And so that is why -- part of the reason why -- that your lawyer
24 Q. Now, when you testified in front of the grand jury, it was over
25 several days?
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3 something that was recording every single word that you said?
5 Q. A machine possibly?
6 A. Well, yes. There was one or two people like her with the little
7 device.
8 Q. So every word that you spoke on all of these occasions were put
10 A. Yes.
13 A. No.
16 on your life?
17 A. Yes.
18 Q. You're confident --
19 A. Well, there was one more. There were four, but they weren't
108
2 A. Yes.
5 him.
7 Chappo Guzman?
8 A. I imagine so.
10 sense. That is why you believe you were killed as well? Yes or no.
11 A. Yes.
12 Q. So now you were -- there was an attempt made on your life four
16 Mexico, correct?
17 A. Yes.
20 A. Yes.
22 three prisons?
109
1 question. Answer the question that the attorneys ask you. If the
3 answer.
4 BY MS. MATHESON:
5 Q. By the way, Mr. Martinez, you speak some English, don't you?
6 A. Some.
8 A. Sometimes.
9 Q. I'm going to ask that you wait until the interpreter translates
11 A. Yes.
12 Q. Now, in the first prison in Mexico when you were detained, that
14 A. Yes.
16 correct?
17 A. No.
19 A. Yes.
20 Q. And in that second prison another attempt was made on your life
22 A. No.
23 Q. So the second time was when they threw grenades at your cell?
24 A. No.
25 Q. So what happened the second time when you were in the second
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4 A. The second time that I was stabbed in jail, I was in the same jail
8 Q. And is that to say that you were in the second prison in Mexico
10 A. Yes.
12 A. Yes.
14 A. No.
16 A. No.
19 Guzman?
20 A. Correct.
23 A. No.
25 approximately?
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1 A. Yes.
3 A. Yes.
5 A. Yes.
7 A. Yes.
10 A. Yes.
11 Q. And the academics in Texas for the pilot license, they were in
12 English?
13 A. Yes.
15 pilot's license in the United States. You had to have English language
16 skills, correct?
17 A. Yes.
20 A. Yes.
23 A. Yes.
24 Q. You maintain that your English at this time is very limited, that
112
1 A. Yes.
2 Q. Now, when you first got your pilot's license, you said you were
4 A. Yes.
6 A. Yes.
9 A. Yes.
11 A. No.
13 were there?
14 A. No.
17 A. Yes.
20 A. Yes.
23 A. Yes.
113
1 A. No.
3 A. Yes.
6 correct?
7 A. Yes.
8 Q. Now, you would agree with me that you became a very trusted
9 member of the drug organization very early on, would you not?
10 A. Yes.
11 Q. In fact it was within six months that you had returned from
13 A. At about a year.
14 Q. So the first time though that you were in Colombia, you were
16 A. Correct.
17 Q. During that time you said you sat around for three months and
18 then you and another individual knocked on doors for the remaining
19 three months?
20 A. Yes.
23 A. Yes.
25 A. What job?
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2 A. Yes.
4 A. No.
5 Q. The reason why you didn't accept that is because you told
9 A. Correct.
10 Q. And you told Chappo Guzman at that point let me earn the
12 A. Correct.
15 A. Correct.
17 A. What deception?
19 A. Yes.
21 A. Yes.
23 A. Correct.
25 of deception?
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1 A. At what level?
3 A. Correct.
4 Q. The level of someone trying to find out who you are really, not
6 A. Correct.
8 A. Correct.
9 Q. False names?
10 A. Correct.
11 Q. False identifications?
12 A. Correct.
14 A. Correct.
16 you?
17 A. No.
19 government?
20 A. A payment?
21 Q. Yes.
23 United States.
116
1 A. Correct.
3 A. Correct.
4 Q. And you were very clear with the grand jury in San Diego who
6 A. Correct.
8 A. Correct.
9 Q. Now, you stated that your contact while you were in Colombia
13 A. Correct.
14 Q. And that's before Chappo Guzman really trusted you, wasn't it?
15 A. Correct.
16 Q. Now, originally when you went to Colombia, you were told that
18 correct?
19 A. Correct.
22 A. Correct.
23 Q. You claim that you met Joaquin Guzman, Chappo Guzman, for
25 A. No.
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2 correct?
3 A. Correct.
4 Q. This was after you had returned from Colombia was it the first or
7 Q. So when was the first time that you met Chappo Guzman if it
11 the Hotel Plaza Del Sol. And he took me to meet the senor at that
13 Q. You actually met at a private home but that was not Chappo
15 A. Correct.
16 Q. So I want to get the dates straight. The first time you were in
19 BY MS. MATHESON:
21 A. Correct.
118
2 Q. So just a couple of months after your return from your first trip?
3 A. Correct.
4 Q. And at that time you received a call, was it, at your parents'
5 house?
8 A. In my parents' home.
10 A. No. I had my own home. But I had to sell it and I went to live
11 with my parents.
12 Q. But you had given your phone number to Mr. Alberto Araujo,
13 correct?
15 Q. Mr. Araujo was able to find you at your parents' house in the
17 A. Correct.
21 time?
22 A. Correct.
23 Q. Mr. Araujo was still able to find you at your parents' house,
24 correct?
25 A. Correct.
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1 Q. So when you first met Chappo Guzman, you called him El Senor?
7 them in the "usted" form is a sign of respect whether they are older or
8 younger.
11 A. Correct.
15 octopus, Chappo Guzman. He must have about five right arms and
18 correct?
19 A. Correct.
20 Q. And even with that level of respect, you still addressed him in
22 A. Yes.
23 Q. On your second trip to Colombia, you said that you again met
25 A. Correct.
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1 Q. But you also met with another individual that you didn't tell us
2 about?
3 A. Where?
4 Q. In Medellin, Colombia.
6 Q. In fact you met with Carlos Uribe, didn't you? Yes or no.
7 A. Yes.
8 Q. He's the one who had the specific arrangements for the cocaine
9 purchase, correct?
10 A. No.
12 A. No.
13 Q. You obtained the cocaine shipment from Carlos Uribe, did you
14 not?
15 A. Correct.
18 A. Correct.
20 not?
22 Q. Some of them?
23 A. Yes.
121
2 Q. You learned from Mr. Araujo that Chappo Guzman would take 45
3 percent of the shipment and the other remaining percentage was for
5 A. Correct.
6 Q. So you had a close call when you were trying to land in Cancun
9 Q. My question is: You had a close call when you were landing in
13 A. Yes.
14 Q. Now, the Cancun airport believed that you were flying a different
17 BY MS. MATHESON:
19 different flight plan than the one you actually took from Colombia?
20 A. Correct.
24 right next to Ecuador. And from there we flew directly to Cancun from
122
1 Q. But you told the Cancun flight controllers that you were coming
3 A. Correct.
4 Q. But you told the grand jury that you were actually coming from a
9 Q. So when you flew into -- let me ask you this. You said on direct
10 examination that you did two flights yourself for the Guzman
11 organization, correct?
12 A. Correct.
14 A. Correct.
16 correct?
17 A. Correct.
18 Q. You got a $25,000 bonus for every flight that you did?
19 A. No.
22 Q. We will get back to that in a little bit. Now, you actually told
the
25 Q. So is it your belief that the -- that the third flight was the first
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5 page 28 you were asked at line 18, "What was your role in the
9 entire answer.
12 went on two."
20 Colombia."
25 Colombians. I would ask them how many planes they could send on a
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1 particular night. They would say two, three. I would call another and
2 they would say one. The other one would say three to four or the
3 other one would say he could not send anything on that day -- excuse
5 BY MS. MATHESON:
6 Q. So I ask you again, your response was that you made only three
8 A. No.
10 A. No.
11 Q. You did not testify on direct examination that you made two
14 many I coordinated.
16 A. More or less.
17 Q. But you yourself testified that you only made three flights for the
18 organization?
20 Q. So you can't account for the third flight that you reference in the
22 A. No.
23 Q. Now, you were able to tell the grand jury the persons that were
25 correct?
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1 A. Correct.
3 A. Yes.
5 A. Yes.
8 A. Correct.
10 A. Correct.
13 A. Correct.
15 the three people that were in charge of running the tunnel in Agua
16 Prieta?
18 Q. You didn't mention those in your grand jury transcript, did you?
22 BY MS. MATHESON:
23 Q. You told them there were three people in charge of running the
25 A. Correct.
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1 Q. And none of those three people are in court today, are they?
2 A. Of what people?
3 Q. The brothers Beltran and the third person involved in the tunnel?
5 Q. Just in photographs?
6 A. Yeah.
8 correct?
9 A. Correct.
10 Q. You were able to specifically name those three to the grand jury
12 A. Correct. I didn't mention any more because they didn't ask me.
17 A. Correct.
18 Q. You said that Guzman used for a while and then actually gave it
19 up?
20 A. Correct.
23 A. Correct.
127
1 A. Correct.
3 A. Correct.
4 Q. But you didn't say that because you weren't asked by the
5 prosecutor?
6 A. Correct.
7 Q. Let's talk a little bit about the exposure that you had in this
8 case.
10 "exposure"?
11 BY MS. MATHESON:
13 this case.
14 A. Correct.
15 Q. You mentioned somebody else who you had worked with who
17 A. Correct.
19 A. Correct.
20 Q. And in fact you knew when you entered your plea in this case
22 A. Correct.
23 Q. But you testified on direct examination from the very first day of
25 authorities?
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1 A. Correct.
6 A. Correct.
9 A. Correct.
12 occasion?
13 A. Correct.
14 Q. But in fact you didn't tell the grand jury in San Diego anything
16 A. Correct.
17 Q. You only told the grand jury about five million dollars that was
19 A. Correct.
21 A. Correct.
22 Q. Now, other than the false passports that you have had, isn't it
23 true that all members of the Guzman organization had military and
25 A. Correct.
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4 A. Several.
8 passport.
10 A. Yes.
12 A. Yes.
13 Q. In fact you have used so many names you probably couldn't tell
15 A. Correct.
16 Q. Not only did you have the documentation to deceive, you also
18 A. Correct.
19 Q. In fact you said when you talked to the Colombians that your
24 A. Correct.
25 Q. You had other codes that you used as well, not just about ladies
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4 justice?
5 A. Correct.
10 A. Correct. Many.
12 A. Correct.
15 Q. Not many jobs in Mexico that pay a million dollars a year, are
16 there?
22 A. Correct.
131
3 A. Correct.
6 A. Correct.
8 A. I said that I wasn't present where people were killed, but I was
10 Q. In fact you said on direct examination that you were not aware
12 A. Correct.
13 Q. And now you admit that you were present when Chappo Guzman
17 you stated to Mr. Flannigan you were not aware of Chappo Guzman
19 A. Correct.
20 Q. But now that I'm asking, you are admitting that you were
22 people?
23 A. Correct.
25 A. Correct.
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1 Q. But you stated that you yourself never ordered the death of
2 anyone?
3 A. Correct.
6 A. What's that?
7 Q. That you were present when Chappo Guzman and you went to
9 A. Correct.
10 Q. So you lied about not being present when the death was
11 ordered?
14 BY MS. MATHESON:
16 A. I don't know what war you are referring to, ma'am. I told you
18 death.
19 Q. Let me ask you this. When Chappo Guzman and his 40 hit men
21 the rival organization, Chappo Guzman told you to send him a plane
24 Q. That's right. You knew where he was destined and for what
133
1 Discotheque.
5 purpose?
8 testified on direct as to that. So are you saying now you don't know
12 Q. So now you are saying that you didn't know that Chappo
13 Guzman was going to Puerto Vallarta with his 40 hit men for that
14 purpose?
15 A. I didn't know.
17 correct?
19 BY MS. MATHESON:
20 Q. You knew everything that Chappo Guzman was doing except for
22 A. Correct.
134
2 the case with anyone nor allow anybody to discuss the case with you.
3 Do not read or watch anything touching upon this case. Do not do any
6 morning at 9:30.
15 morning at 9:30.
17 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - -
22 CROSS-EXAMINATION
23 BY MS. MATHESON:
135
3 A. Yes, counselor.
5 on to smuggling electronics?
6 A. Correct.
8 you went to Colombia for six months the last half of 1986, correct?
9 A. Correct.
10 Q. And when you got back from that trip, you wouldn't take money
11 from Chappo Guzman because you feel you had not earned it?
12 A. Correct.
13 Q. And it was with that, that you won over Chappo Guzman's trust?
15 Q. But you did start taking money when you were successful with
17 A. Correct.
19 A. February of '87.
20 Q. Now, you testified yesterday that you did personally two flights
22 A. Correct.
23 Q. And yesterday you couldn't recall what the third flight was that
25 A. May I answer?
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1 Q. Could you or could you not remember about the third flight?
2 A. Yes.
3 Q. You remember about the third flight today. While you were
4 doing these flights, you coordinated 160 flights for the Guzman
5 organization, correct?
8 A. Yes.
11 A. No.
13 A. No.
17 of them.
21 Q. In fact you testified before the grand jury, and I'm referring to
22 page 30, where you were asked at line 21, "What time period were the
23 approximately 160 flights? What time period did these flights take
137
1 A. Yes, I remember.
2 Q. So if we were to take two years from the very first flight that
3 you did February of 1987, two full years would be February of 1989?
4 A. Correct.
11 Q. In fact not only did you explain to the grand jury that there was
16 Q. How about the eight planes that were lost and the merchandise
17 on those planes because the planes that landed close to the ocean
19 A. Correct, in Culiacan.
20 Q. So in fact today you're testifying there were ten loads that were
21 lost, correct?
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2 may proceed.
3 BY MS. MATHESON:
5 A. If you refer to the loads of fallen planes, then there are more.
8 A. Correct.
9 Q. And when you first moved to Mexico City, you said that the zoo
10 that Mr. Corona was building was still not completed, correct?
12 Q. But it's when you moved to Mexico City to run Chappo Guzman's
13 office that Chappo Guzman told you about this amazing tunnel that
15 A. Correct.
16 Q. In fact you went to Agua Prieta and met with the mayor in -- end
18 A. At that time he was not the mayor. He became the mayor later.
20 A. Yes.
21 Q. And was I correct in saying that it was the end of 1987 and the
22 beginning of 1988 when you were handed over six million dollars from
139
1 that were leaving the country and the cash that was coming back as a
3 A. No.
4 Q. So you were handed over six million dollars. Are you able to tell
5 us this morning whether that six million dollars was drug related?
7 Q. If you would just please tell me whether the six million dollars
9 A. Yes.
13 Q. In fact --
15 BY MS. MATHESON:
18 A. Yes.
21 A. Correct.
24 that right?
25 A. Correct.
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1 Q. He was with his -- the group supervisor Daniel Scott and Special
8 Q. So do you recall telling the agent and the United States Attorney
9 that information?
11 Q. Now, yesterday we talked about some of the things that you did
13 A. Correct.
15 A. Yes.
17 A. Yes.
18 Q. You even had false voter registration cards that matched the
19 names?
20 A. Correct.
21 Q. And also you explained that you even obtained a false American
23 A. Correct.
24 Q. But the deception didn't just stop with the documentation, did it?
141
3 A. Correct.
11 correct?
13 Q. The customs people asked what was the purpose of your trip to
16 Q. When you answered them, you surely told them you were there
18 A. No.
19 Q. You actually were able to convince them that you were in their
22 think you are mistaken. I think you think that all countries are like
23 the United States. If you go to Mexico, they don't even ask you what
24 you are going for. If you go to Colombia, they don't even ask you
142
7 Q. So you told them -- you were prepared. You didn't tell them.
8 You were prepared to tell them that you were there for a lawful
9 legitimate purpose?
13 codes on telephones?
14 A. Well, it's not my practice. It's just a practice that you use when
19 BY MS. MATHESON:
21 communicate?
24 Q. You also knew that your organization was getting drugs across
143
1 entry, correct?
3 Q. You also knew that Chappo Guzman had some United States
6 Q. Yes.
10 A. Never.
20 right?
21 A. Correct.
22 Q. And also you even set up an oil company for the Guzman cartel
144
2 A. Correct.
4 A. Correct.
7 A. Yes.
8 Q. And in fact the level of trust was so great that you explained
10 A. Yes. I also wanted to tell you about this $30 million. They did
11 give them to me, but not all the same time. It would be 4 million, 5
12 million. Planes would come in with the money and they would give it
13 to me.
15 grand jury that you witnessed the turning over of $5 million, not $30
16 million?
17 A. Well, I couldn't say this to the grand jury because they knew
18 that I was receiving these deliveries for every 15 days or a month for
19 $4 or $5 million.
21 A. Maybe they didn't ask me. Just like you, a yes, a no, I can't.
22 Q. You said that you were aware of all of Guzman's activities? Yes
23 or no.
25 Q. Except you said yesterday, however, that you didn't know about
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3 Puerto Vallarta.
4 Q. You did know of all of Guzman's murders, however, did you not?
5 A. Never.
7 asked --
11 21.
12 BY MS. MATHESON:
14 to the killings which preceded the killing of the cardinal and ask you,
15 first, are you aware of the events which took place, that is the fight
17 organization, based upon your role and contact with members within
22 BY MS. MATHESON:
23 Q. "And ask you, first, are you aware of the events which took
24 place, that is the fight between the Arellano Felix organization and the
25 Chappo Guzman organization, based upon your role and contact with
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3 "Yes, sir. I do have knowledge of all the murders, all the murders that
4 were -- that took place due to the fact that I was very close to
8 She is jumping from were you aware of it beforehand and then she
9 gets the grand jury testimony that said did you become aware of it.
13 ask him was he aware at some point that happened, as has been
16 starting with "Were you aware beforehand" and now "Were you aware
19 BY MS. MATHESON:
21 jury?
147
10 says, "My job in the organization was," that will be stricken. The rest
12 BY MS. MATHESON:
13 Q. Now, you knew about the murder of Armando Lopez and Felipe
14 Retramosa, right?
15 A. Correct.
16 Q. You also knew about the murder of the wife and children of El
17 Guero Palma?
18 A. Correct.
20 Farber's murder?
21 A. Correct.
23 A. Correct.
148
1 Guzman had with the rival drug organization. Do you recall saying to
2 the grand jury after the meeting -- this was after the meeting, "When
3 we got into the car" -- this is at page 83 line 15 -- "When we got into
4 the car and we were on our way back to the office, he told me that --
5 he said, and I quote, 'Look, fatty, I don't believe anything of what they
6 have said. They killed Armando and they killed Felipe and I have to
7 be very careful because they are going to turn on me and they are
8 going to try to kill me.'" And then you stated that "Guzman said what
10 A. Correct.
13 said.
15 BY MS. MATHESON:
16 Q. And the request of Guzman didn't stop there regarding the killing
18 A. Correct.
20 A. Correct.
22 A. Correct.
23 Q. And the person who gave you and Chappo Guzman this
25 A. Correct.
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1 Q. Juan Esparragoza-Moreno?
2 A. Correct.
7 Q. Now, you also told the grand jury that in late 1990 there was the
9 abandoned in Acapulco?
11 reading from?
14 BY MS. MATHESON:
15 Q. You also testified yesterday that two other people under Guzman
18 brother-in-law of El Chappo.
20 A. Yes.
21 Q. Mr. Martinez, yesterday was the very first time you ever
23 A. Correct.
24 Q. Now, you and Chappo Guzman traveled all over the world
25 together, correct?
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1 A. Correct.
3 A. Correct.
4 Q. Japan?
5 A. Correct.
6 Q. Hong Kong?
7 A. Correct.
8 Q. Thailand?
9 A. Correct.
10 Q. India?
11 A. Correct.
12 Q. Argentina?
13 A. Correct.
15 A. Correct.
16 Q. Venezuela?
17 A. Correct.
18 Q. Cuba?
19 A. Correct.
21 A. In the beginning.
24 armed people?
25 A. In Mexico.
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1 Q. When you traveled with Guzman, you guys ate at the finest
2 restaurants?
5 A. No. Chappo withdrew from drugs. And I didn't carry drugs when
6 I went internationally.
8 A. Yes.
9 Q. And even Chappo Guzman either lent you or somehow gave you
10 one of his beautiful homes in which you stayed prior to your arrest?
15 A. Correct.
16 Q. You knew that Chappo Guzman after he had been arrested and
19 me killed after I came into jail. Chappo Guzman put an end to our
21 Q. But you did learn how he bought his way out of prison from
25 line 13 you were asked, "Are you aware of the approximate amount of
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2 How much money was paid to the prison officials if you know?" And
3 your response, Mr. Martinez, was, "Well, I know that he paid more than
4 $3 million."
9 A. Oh, yeah.
10 Q. You also learned about other people in prison that were sought
12 A. Correct.
15 Q. You knew he was wanted for the murder of the DEA agent, didn't
16 you?
18 Q. Now, let's talk a little bit about who was in charge of the offices.
21 A. Correct.
22 Q. And you also told the grand jury that the Agua Prieta tunnel was
24 A. Correct.
153
1 tunnel?
3 designed that.
4 Q. You know that based only upon what Chappo Guzman told you?
5 A. Correct.
6 Q. But you also know from Chappo Guzman that the Agua Prieta
10 Q. Do you recall telling the grand jury that it had been in operation
12 A. Correct.
14 statement. The more you can convince the jury of your knowledge of
15 Mr. Corona the more benefit you are to the United States Attorney's
17 A. Yes.
18 Q. And one of the first questions you were asked at page 4 in the
19 grand jury is that "In exchange for that cooperation, is it fair to say
21 time?"
154
12 BY MS. MATHESON:
15 Guzman?
16 A. Correct.
17 Q. And that also included land for the tunnel in Agua Prieta?
18 A. I don't know that for a fact about the land in Agua Prieta.
24 BY MS. MATHESON:
155
1 Reynoso-Gonzalez."
10 BY MS. MATHESON:
12 A. Correct, but if you are talking about Antonio Reynoso, you are
14 Q. And in your grand jury testimony, you said that it was that
15 individual, that was one person in charge of purchasing the land for
16 the tunnels.
17 A. He bought the land for the tunnel in Tijuana, but not for the one
20 tunnels?
22 Q. Now, when you were explaining the structures that you claim
24 A. Correct.
156
1 A. Correct.
2 Q. A warehouse in Chinaco?
3 A. Yes.
4 Q. A supermarket?
5 A. That's in Guadalajara.
7 A. Correct.
11 Guadalajara, the farms in Celaya -- the farm in Celaya, the two houses
12 in Chinaco and the two houses in Celaya, they all were constructed
14 system.
15 Q. You knew that based upon what Chappo Guzman told you?
16 A. Correct.
18 A. Correct.
21 A. Correct.
24 A. Correct.
157
2 A. Correct.
3 Q. At that time that is when you claim that Mr. Corona refused to
5 A. Correct.
7 A. Correct.
8 Q. But isn't it true that you made two separate statements claiming
9 that you actually guarded Mr. Corona for three months immediately
14 you told agents and this United States Attorney that importantly in
19 A. Yes.
20 Q. Let me ask you if you deny saying this. Just about two weeks
21 later you had another meeting with three special agents and I am
22 referring to page 338 of the disclosure. You said after the discovery
of
23 the Agua Prieta tunnel Chappo Guzman ordered you to hide Corona in
24 Mexico City until the police investigation of the tunnel ended. And
25 then you stated that you complied and for approximately one month
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4 A. Yes.
7 A. Correct.
9 briefcase?
12 A. Correct.
13 Q. Those are the only two occasions that you saw Chappo Guzman
15 A. Correct.
17 to --
18 A. Counselor --
20 presence of the United States Attorney in San Diego and Special Agent
21 Andrew Sorrels, you stated that you observed Guzman pay Corona in
23 A. I deny it.
159
4 Q. Finally, today and yesterday you have mentioned that you didn't
7 Q. There is one part of the grand jury testimony I would like to ask
8 if you recall. At page 203 line 10, the United States Attorney asked
9 you, "Is there additional information that is specific events which you
10 have not been asked about?" And your response was, "No, sir."
23 the defendant and the presence of the jury, and Mr. Martinez on the
24 stand.
160
1 (At sidebar.)
7 things of that nature disclosed to the defense as part of the case and
17 trial.
19 proceedings.
21 REDIRECT EXAMINATION
22 BY MR. FLANNIGAN:
23 Q. Mr. Martinez, how long was it that you -- can you hear me?
24 A. Yes.
25 Q. How long was it that you worked for the Sinaloa cartel?
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3 A. Yes.
6 Q. 12 years?
7 A. Correct.
8 Q. How long of that period did you actually work for El Chappo
9 Guzman?
14 of the things that I want to clarify here for the judge and for the
15 gentlemen of the jury, and a lot of times we had meetings and I don't
16 speak English very well and they spoke very little Spanish.
20 objection.
22 your question.
23 BY MR. FLANNIGAN:
162
2 Q. Yes.
3 A. About 50 times.
4 Q. And when you were having meetings with the agents in San
6 A. In English.
7 Q. And when you were first arrested, how was your command of the
8 English language?
9 A. Not much.
11 A. Not much.
12 Q. Counsel had questioned you about the fact that you had gone to
15 A. Correct.
20 it happens that I was in Brownsville. But the only thing that you learn
23 everything has to do about planes, with planes and the control tower.
163
3 Q. Now, after you got your license and you returned to Mexico and
7 A. Well, no.
8 Q. Now, you said you had a number of debriefings with the agents
9 and you're aware counsel was reading from certain reports that were
10 prepared?
11 A. Correct.
15 A. Never.
16 Q. Was it then after these debriefings that you testified before the
18 A. Correct.
20 A. Pardon me?
164
2 during those three or four days four hours each time pertaining to 12
5 detained in 1998.
9 Q. But my question is: Did you mention the name of every single
10 person you had contact with during that 12-year period when you
14 A. Also.
15 Q. Now, Ms. Matheson read to you a portion of the grand jury and
16 basically she said -- and I am referring to page 203 and the question
17 was line 10. Question, "Is there additional information that is specific
18 events which you have not been asked about?" And you answered,
19 "No sir."
20 Now, let me ask you, did you also give these answers to
21 the following questions which followed that part beginning at line 14.
23 the majority of the people you knew through your drug trafficking
25 A. Correct.
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1 Q. Your answer was, "Yes, sir." Then the question is, "But we've not
2 gone through each and every shipment. Is that fair to say?" And the
4 everything." Then the question was, "But not every shipment that
5 came in. We have spoken more in general terms. Is that fair to say?"
9 A. Correct.
14 A. Correct.
15 Q. You started to give an explanation about that. Can you give that
17 A. Correct.
18 Q. Go ahead.
21 and he said, "Hi, how are you doing, Joaquin?" And Chappo gave him
166
2 your grand jury testimony, did you have occasion within the past
4 A. Correct.
9 you wouldn't understand me. And that's when you did me the favor of
10 speaking to me in Spanish.
11 Q. Ms. Matheson asked you the question and she read it to you but
12 I will read it. The more you can convince the court regarding Corona
13 the more benefit it is to you. Do you remember her asking you that
14 question?
15 A. Yes, correct.
17 it to us now.
24 anything. Only that if I helped with all my information and in all the
25 cases that they required me for if I could help, then they would make
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4 Q. When you testified before the grand jury, do you recall, did you
6 A. Correct.
7 Q. Ms. Matheson was asking you about the killings that were done
9 A. Correct.
12 in advance?
13 A. No.
17 arrive and he would start making telephone calls. It was his office.
18 And you could hear what he was saying, what they were talking about,
19 and also what his bodyguards were talking about. That's how one
20 found out about things. Chappo never asked me for permission to kill
21 anybody.
22 Q. Did you ever tell El Chappo, "Hey, I don't want to hear about this
23 stuff"?
24 A. Many times.
25 Q. Now, when there was this talk going on about killings and that
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3 A. Well, no, it happened from time to time. Well, they are not also
5 Q. Ms. Matheson talked to you about a war that was started and El
6 Chappo went and got permission from El Azul to start that war?
7 A. Correct.
10 A. That's when the real problems began with the other cartel.
12 A. Tijuana cartel.
13 Q. Ms. Matheson was asking you about El Guero Palma and his wife
16 know, what I was told, because I wasn't present when Guero Palma's
17 wife was killed nor when Joaquin's people were killed or when Joaquin
169
3 BY MR. FLANNIGAN:
6 Tijuana cartel.
7 Q. Now, you say that you went to see this person El Azul. Who is El
8 Azul?
13 Q. You were questioned also about money, 5,000, 30,000, that sort
15 officials?
17 Q. You were questioned about different things that you have heard
18 in prison since you have been arrested, different people. Let me ask
20 A. Who?
21 Q. Mr. Chappo.
24 A. I don't know.
170
1 house --
7 A. Correct.
8 Q. Is that the same house where the bed was with the hydraulic lift
12 Q. Is that the house where you previously had seen the defendant
13 Corona working?
14 A. Correct.
17 A. Correct.
18 Q. Is that the same house that you mentioned earlier that Griselda
19 was living at that you wanted to sell to pay for some of your attorney's
21 A. Correct.
171
7 A. No. They are Arellano Felix. And the name of the cartel is the
12 A. They were looking for El Chappo to kill him. El Chappo had gone
17 Guadalajara.
24 Puerto Vallarta, the Arellano people were waiting for him. And,
172
1 car in the Guadalajara airport. El Chappo got out through the door to
2 get his suitcase out from the back and he opened the trunk and while
4 One of the ones who was waiting for El Chappo saw him
5 and yelled out to the others when he saw him there, "There he is,
6 there he is, there he is." The ones that were going to kill him got out
10 travel with one car in front, one car behind and people on the sides.
11 So they thought that it was Chappo Guzman's vehicle. It's not that
12 they confused him. They thought that they were Chappo Guzman's
13 gunmen.
18 Q. Now, Ms. Matheson was asking you about the compensation that
19 you received from the El Chappo. And she specifically asked you when
20 you were having your debriefing with the agents you were bragging
173
1 A. Yes. May I explain to you about what the attorney was asking
2 me regarding a bonus?
5 a drug bonus for each shipment that was coming. Or people, simply
7 him, they would give me $25,000. People who wanted to work with
8 him, to meet him would offer me $25,000 simply for the introduction,
11 A. Because I would tell him before receiving it. And it wasn't a lot
12 of times. One or two times I took people with him and they gave me
13 the $25,000.
16 A. Correct.
18 A. Correct.
23 Q. Ms. Matheson was also asking you about the loads that were lost
24 of cocaine and there was some confusion about that starting out with
25 the loads being seized by the government and then loads which were
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1 lost at sea.
2 Let's start out with the loads that were seized by the
4 indicated that you remembered either one or two seizures that you
6 A. Not that they hadn't occurred, just that the answer the attorney
14 A. The seizure?
15 Q. Yes, sir.
18 A. Yes.
20 A. Yes, sir.
175
1 A. That was around 1989. And the agents also know about this,
3 mind. I forgot about it, not that I was trying to hide it.
5 some question about eight loads that were lost at sea. Do you know
7 A. Yes.
9 A. There was this occasion where we were waiting for these planes
10 in Culiacan. And the landing strip was next to the beach. At daybreak
11 the fog got over onto the landing strip. And when the planes arrived,
12 you couldn't see the landing strip. They ran out of fuel in the air.
And
13 they started circling, waiting for the fog to clear so that they could
see
14 the strip. They ran out of fuel and they started landing in the sea,
15 right by the sea where they could. The drugs were taken out and the
18 trips to Colombia, trips that you made to Colombia. And there was
21 A. What happens is the third trip that I notated there is the one
24 A. The first one that I did where I didn't do anything and then we
25 made two more and that is why I said it was three times.
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1 Q. Now, counsel was asking you yesterday about whether you had
3 government.
9 the government.
13 didn't. The thing is that Carlos Uribe was the owner of the cocaine.
14 And the person who picked me up was simply a driver for him. But I
15 couldn't explain that to counsel because she would say yes or no.
17 A. Yes.
19 A. Medellin.
22 A. Plenty of confusion.
25 Q. Yes, sir.
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2 and the other with two grenades. The first two attempts where they
5 stab wounds. On the second occasion, seven. This was in the same
6 jail in Mexico City. The jail where I was housed while waiting or facing
10 Preventivo Sur, southern jail of the south. Two days after I arrived,
12 they grabbed me by my shirt and the shirt came off and they cut me
13 with a blade here. When the shirt came off, I ran towards the door
16 where I was locked up in the cell 23 hours a day without coming out
17 and with no neighbors because they said they had information that
18 someone was out to kill me and someone very high up because they
22 visiting day came in with two grenades and a gun. But to get into the
23 cell where I was, there were bars. So what the guy did was he called
24 the policeman that was near the bars of the cell, the guy was taking
25 care of me.
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2 threatened him with a gun and he said, "Open the door, you son of a
3 bitch." The policeman didn't want to open the door. And this guy
6 and throw the grenades inside. And there was no place for me to run
7 because the cell was locked. The policeman never, never opened the
8 door, never gave him the key. The guy threatened him and yelled,
9 "We are going to blow. We are going to blow." The policeman said, "I
12 locking down doors and asking for help because this guy -- this
14 arrived above the prison. The guy -- I was seeing what was
17 grenades through the door towards where I was in the cell. When I
18 saw the grenades land, I jumped over to the bathroom. The grenades
23 Q. Counsel was asking you about your debriefing where you had
25 A. Yes.
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3 ordered you killed, somebody that you used to work for that you know
4 a lot about. Since I got the stabbings, they told me it was Chappo.
8 the ranch and they sent somebody to kill me the next day. That is
9 where it started.
15 THE COURT: No, sir. You can only answer the questions
22 and gentlemen. Stand at recess for lunch. We will see you at 1:15.
180
2 this time?
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