The proposed instruction focuses exclusively on the role of the prosecutor and fails to state expressly that only the court has the authority to grant a 5K1.1 or Rule 35 motion. See United States v. Goff, 847 F.2d 149, 161 & n. 13 (5th Cir.1988); United States v. D'Antignac, 628 F.2d 428, 435-36 n. 10 (5th Cir.1980). But neither of us are experts. Humberto Garcia Abrego is Juan's brother and a suspected drug boss himself. In White v. Illinois, 502 U.S. 346, 112 S.Ct. Investigators probing the brutal slaying of a prominent author and her family said Friday that revenge--by drug traffickers or personal enemies--is among the possible motives for a crime that has shocked the Mexican capital. In hopes that law enforcement authorities could eliminate his competition for him and save him the trouble of doing it himself, Garcia Abrego turned this information over to FBI Agent Claudio DeLaO, who was masquerading as a corrupt agent in an attempt to effect Garcia Abrego's arrest. See United States v. Rogers, 126 F.3d 655, 659 (5th Cir.1997). To the extent that Garcia Abrego's participation in drug conspiracies constituted lesser-included offenses of his participation in a CCE, the proceeds of the conspiracies were necessarily proceeds of the CCE. See United States v. Torres, 114 F.3d 520, 525-26 (5th Cir. However, [a] defendant's mental condition still properly figures into the voluntariness calculus. However, we conclude that this lack of diligence did not render the records inadmissible under the statute. It is believed the Mexican government knew all Garca Abrego's whereabouts all along and had refused to arrest him due to information he possessed about the extent of corruption within the government. Garcia, who survived a mass shooting, lost his son and wife in the shooting Friday night. Photo: Carlos Cisneros. Outlined below is the testimony that established the general framework of Garcia Abrego's organization. The legislative history of 3505 bears out this conclusion. Rivas testified that an individual he knew as Bono, whom an FBI agent identified as Jose Bernardo Nieto, had previously shown him the Almeda-Genoa warehouse and indicated that it was a potential delivery point for cocaine in Houston. See Moran v. Burbine, 475 U.S. 412, 421, 106 S.Ct. Effect of prior un-Mirandized statements. La nacionalidad de Juan Garca brego estuvo en tela de juicio por su presunta nacionalidad estadounidense aunque siempre dijera lo contrario. Carlos Resendez testified that Garcia Abrego told him that he had $30-35 million in Ricardo Aguirre's name. See United States v. Bermea, 30 F.3d 1539, 1552 (5th Cir.1994). He published a magazine about crime, murder and Guaid on Tuesday spoke to The Associated Press by phone from Miami, where he arrived on a commercial flight that departed Colombia's capital Monday night. Marroqun-Garca died of cirrhosis in Matamoros. Mariano Herran Salvatti, Mexico City's deputy attorney general, who Here is the house where Juan Garcia Abrego was arrested in Monterrey back in 1996. Garcia Abrego had dominated cocaine . sexual monster following the success of his and his wife's muckraking This evidence, combined with Tony Ortiz's testimony regarding his involvement in the overall conspiracy constitutes ample evidence from which the jury could reasonably conclude that the drug offense charged in count 17 was committed by Garcia Abrego's coconspirators in furtherance of the conspiracy. Garcia Abrego claims that insufficient evidence exists to support his convictions of money laundering in violation of 18 U.S.C. You have heard the terms 5K1.1 and Rule 35 during this case.
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