In re Extradition of Cervantes Valles, M-02-008.
| Decision Date | 31 March 2003 |
| Docket Number | No. M-02-008.,M-02-008. |
| Citation | 268 F.Supp.2d 758 |
| Parties | In the Matter of The EXTRADITION OF Jose Oscar CERVANTES VALLES |
| Court | U.S. District Court — Southern District of Texas |
Maria A Aponte, U.S. Attorney's Office, McAllen, TX, for plaintiff.
Kyle Blair Welch, Federal Public Defender's Office, McAllen, TX, for defendant.
I. Overview
The government of Mexico seeks the extradition of Jose Oscar Cervantes Valles ("Cervantes-Valles"), a Mexican citizen, pursuant to the extradition treaty which entered into force between the United States of America and the United Mexican States on January 25, 1980.1 (See Docket Entries #1, 18.) The Mexican government desires to prosecute Cervantesvalles for offenses relating to the murder of Guillermo Colorado Saavedra, and the attempted murder of Roberto Carlos Silva Dominguez, both of which occurred in San Luis Potosi, S.L.P., Mexico, on April 28, 1995. (See, e.g., Docket Entry # 1.) The Mexican government also desires to prosecute Jose Oscar Cervantes Valles for the offense of criminal conspiracy (i e., criminal or illicit association), arising from the same facts. (See, e.g., id.) Because the Respondent presently before the court is clearly not Cervantes-Valles, the extradition request must fail.2 See 31 U.S.T. 5059, art. 14 § 2.
The facts relevant to this case, as set forth in the record, are rather dense. That which follows, then, is a synthesis of the record. For ease of discussion, the factual and procedural summary is divided into five sections, addressing the following: (a) the identity of the key persons with knowledge of or involvement in the underlying incident; (b) the murder of Guillermo Colorado Saavedra and the initial investigation, (c) Respondent's implication in this case, (d) the deportation of Jose Oscar Cervantes Valle (clearly someone other than Respondent), and (e) the extradition proceedings against Respondent in the United States District Court.
The record indicates that, on the afternoon of April 28, 1995, Cervantes-Valles was cruising the streets of San Luis Potosi, S.L.P., Mexico, in his white Ram Charger vehicle and consuming alcohol. (See Docket Entry # 37, Exhibit "A", Diplomatic Note # 003679.) He was accompanied in the vehicle by the following passengers:20 Omar Rodriguez Olivera ("Rodriguez-Olivera"), Victor Manuel Priego Rodriguez ("Priego-Rodriguez"), Guillermo Hernandez Rodriguez, and Armando Valtierra Villanueva ("Valtierra-Villanueva"). (See id.) Testimony set forth in the record indicates that, between approximately 1:00 p.m. and about 4:30 p.m. on that date, Cervantes-Valles, alone, had consumed around six (6) "caguamas"21 of beer. (See Docket Entry #37, Exhibit "A", at Tab # 14.)
Meanwhile, the Colorado-Saavedra brothers, along with other taxi drivers, were in the street washing their taxis in preparation for the next shift. (See, e.g., Docket Entry #37, Exhibit "A", at Tab # 6.) Close to where the taxi drivers were washing their taxis, Cervantes-Valles and his group neared a pair of young women in the street. (See Docket Entry #37, Exhibit "A", Diplomatic Note #003679.) When the Ram Charger was sufficiently close to the women, Valtierra-Villanueva apparently stuck his hand out of the vehicle and touched the buttocks of one of the females. (Id.)
The buttocks-touching incident, which occurred within view of the taxi drivers, led to a heated exchange between Cervantes-Valles and Guillermo Colorado Saavedra. (See generally Docket Entry #37, Exhibit "A", Diplomatic Note #003679.) After the altercation, Cervantes-Valles, along with the rest of his companions, went to the Cervantes-Valles's residence to retrieve a handgun. (Id.) While at the residence, the license plates were removed from the Ram Charger. (Id.)
The Ram Charger, with the same occupants, then returned to where the taxi drivers were. (See Docket Entry # 37, Exhibit "A", Diplomatic Note #003679.) Cervantes-Valles got out of the vehicle, carrying the firearm, and shot Guillermo Colorado Saavedra, inflicting mortal wounds. (Id.) Cervantes-Valles also shot at another taxi driver, Roberto Carlos Silva Dominguez ("Silva-Dominguez"), but no lasting injury seems to have been inflicted. (Docket Entry #37, Exhibit "A", Diplomatic Note # 003679; see also Docket Entry # 37, Exhibit "A", at Tab # 8.)
When the firearm apparently malfunctioned, Cervantes-Valles and his companions fled the scene in the Ram Charger. (See generally Docket Entry # 37, Exhibit "A", Diplomatic Note # 003679.) The taxi drivers tried to detain the fleeing vehicle by hurling rocks at it, but were ultimately unsuccessful in preventing Cervantesvalles Valles and his companions from leaving the scene of the shooting in the Ram Charger. (See Docket Entry # 37, Exhibit "A", at Tab # 12.) It was not long, however, before at least three taxis caught up with the Ram Charger and tried to detain it. (Id.)
At some point in the chase, the pursuing taxi drivers used their vehicles to block the path of the Ram Charger, but the Ram Charger's driver rammed the taxis and kept going. (See Docket Entry # 37, Exhibit "A", at Tab # 12.) Another time, the...
To continue reading
Request your trial
-
In re Nezirovic
...acts upon which the extradition request is founded be considered a crime by the laws of both countries. In re Extradition of Cervantes Valles, 268 F. Supp. 2d 758, 770 (S.D. Tex. 2003). Dual criminality exists if the essential character of the acts criminalized by the law of each country is......
-
Nezirovic v. Holt
...the charged conduct must be considered a crime under the laws of both the United States and Bosnia. In re Extradition of Cervantes Valles, 268 F.Supp.2d 758, 770 (S.D.Tex.2003). Nezirovic is being charged with alleged conduct in violation of Article 142, paragraph 1 of the Criminal Code of ......
-
U.S. v. Ramnath
...can constitute special circumstances that justify bail in extradition proceedings" (citation omitted)), extradition denied, 268 F.Supp.2d 758, 770 (S.D.Tex.2003); In re Extradition of Nacif-Borge, 829 F.Supp. at 1216. Special circumstances can arise under various conditions, and the determi......
-
In re Extradition of Garcia
...is within the provisions of an extradition treaty is within the sole purview of the requested country.” In re Extradition of Cervantes Valles, 268 F.Supp.2d 758, 770 (S.D.Tex.2003) (citation omitted). Here, the offense of murder is included within the Appendix to the extradition. Extraditio......
-
Due Process, the Sixth Amendment, and International Extradition
...not an ordinary Article III case or controversy. It clearly is not a criminal proceeding."). 13. Inre Extradition of Cervantes Valles, 268 F. Supp. 2d 758, 772 (S.D. Tex. 2003); see Benson v. McMahon, 127 U.S. 457, 463 (1888) (noting that an extradition proceeding is "of the character of th......