Pubdate: Thu, 23 May 2002
Source: Los Angeles Times (CA)
Copyright: 2002 Los Angeles Times
Contact:  http://www.latimes.com/
Details: http://www.mapinc.org/media/248
Author: Chris Kraul, Times Staff Writer
Note: Rafael Aguirre in The Times' Mexico City Bureau contributed to 
this report.

DRUG SUSPECT CAN'T BE EXTRADITED

Crime: A Mexican Court Denies a U.S. Request, Saying a Guarantee That 
the Alleged 'Meth King' Would Not Face a Life Term is Insufficient.

MEXICO CITY -- In a blow to U.S. efforts to extradite suspected drug 
kingpins, a Mexican court has denied prosecutors' request to 
transport Jesus Amezcua to a San Diego federal district court where 
he faces drug trafficking charges.

The case has been closely watched by law enforcement officials on 
both sides of the border since Amezcua's arrest in Mexico City in 
June 1998 as he consulted with a Cuban Santeria guru. U.S. justice 
officials have labeled Amezcua and his two brothers "the meth kings 
of this hemisphere."

A Mexican federal tribunal ruled that a U.S. guarantee given to the 
Mexican government that Amezcua would not face a possible life term 
if found guilty was insufficient, according to a Mexican law 
enforcement official who asked not to be identified. Although the 
judge's decision does not necessarily set a precedent, it might 
impede pending or anticipated requests for extraditions of other 
alleged drug traffickers wanted in the United States, including 
Benjamin Arellano Felix and Ismael "El Mayel" Higuera Guerrero, both 
reportedly of the Tijuana drug cartel.

Although the U.S. has an extradition treaty with Mexico, Mexican 
citizens cannot be extradited if they face the death penalty or life 
in prison, according to a Mexican Supreme Court ruling in October.

U.S. prosecutors have tried to circumvent the ban by seeking 
consecutive prison terms that can add up to life in jail.

Amezcua's attorney, Americo Delgado, was quoted in the Reforma 
newspaper here as saying the Mexican court would not accept a 
"diplomatic note" provided by the U.S. State Department guaranteeing 
that his client would not receive life in jail if found guilty.

"The issue is that no guarantee given by the executive branch [of the 
U.S. government, including prosecutors] will necessarily be honored 
or observed by the judiciary branch," said a Mexican government 
official who asked not to be identified.

A spokeswoman for the U.S. Justice Department declined to comment on 
the decision, saying the government had not been officially notified 
of the denial.

Amezcua, 36, has been jailed since his arrest on charges that he ran 
an extensive methamphetamine manufacturing and distribution ring that 
had "global dimensions," according to former U.S. Drug Enforcement 
Administration chief Thomas A. Constantine in testimony before 
Congress in 1999.

Amezcua and two brothers, Luis and Adan, allegedly began by selling 
1-pound packages of the drug in Southern California, but over time 
they reportedly created a manufacturing and smuggling ring with 
operations in Europe as well as the western and southern United 
States.

Jesus Amezcua was acquitted of Mexican charges shortly after his 
arrest but remained in jail pending the U.S. extradition request, 
which was approved by the Mexican Ministry of Foreign Relations.

Federal prosecutors seeking Mexican suspects have met with limited 
success because of the legal barriers.

Mexicans must first face Mexican charges and serve sentences before 
they can be extradited to the United States.

U.S. law enforcement's biggest victory to date was the extradition 
last May of Everardo Arturo "Kitty" Paez, a high-level operative of 
the Tijuana cartel, to San Diego. He later plea-bargained a 30-year 
prison sentence.

Last summer, U.S. officials also extradited Miguel Angel Martinez 
Martinez, an alleged lieutenant of the Joaquin "Chapo" Guzman 
organization. Martinez is awaiting trial in a San Diego jail.

But U.S. officials say the Mexican ruling denying extradition in 
death penalty or life imprisonment cases has given extradition 
targets and their attorneys a new weapon to fight the process.
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