See United States v. Olano, 507 U.S. 725, 731 (1993) (holding that the plain error doctrine applies to claims of prosecutorial misconduct). Herrera-Zuleta has failed to demonstrate that Mr. Gentile's successive representation adversely affected his performance. He relies on the following portion of Mr. Gentile's testimony. When asked whether he would have "provided any information to help the Court with respect to [Reyes] credibility or believability," Fernandez replied: "In my opinion [Reyes is] a good person, a serious person.". Francisco Hélmer Herrera Buitrago also known as "Pacho" and "H7", (August 24, 1951 – November 6, 1998) was a Colombian drug trafficker, fourth in command in the Cali Cartel, and believed to be the son of Benjamin Herrera Zuleta. Cyclist dive-bombed by hawk on California road. Mr. Gentile testified that had he had time to think about it, he might have been able to obtain a waiver from Fernandez. Herrera-Zuleta also contends that the Government's violation of the discovery stipulation agreement denied his Fifth Amendment right to a fair trial. Argued and Submitted Feb. 11, 1997. Chayce Beckham wins 'American Idol' Season 19, World leaders condemn Belarus for 'hijacking' flight to arrest dissident reporter, New book offers rare look at North Korea through lens of a foreign resident, Brooks Koepka says crowd 'dinged' injured knee at PGA Championship, 'Late Show with Stephen Colbert' to return to Ed Sullivan Theater in June. Id. at 7. The district court properly inquired of Mr. Gentile whether his continued representation of Herrera-Zuleta presented any problem in light of the prosecutor's representation that he did not intend to call Fernandez as a prosecution witness. No. Id. Two. 96-15146. Karen Sue Morris v. State of California Ventura County Munic... United States v. Rendon-Valencia (William). MIAMI -- Benjamin Herrera Zuleta, described as the 'black pope of cocaine,' and the mastermind behind the smuggling organization that provided most … Fernandez did not know that Herrera-Zuleta participated in transporting cocaine to Las Vegas. Argued and Submitted Feb. 11, 1997.Decided May 2, 1997. Fernandez's testimony would not have served to impeach Reyes. We have examined the entire record of the evidentiary hearing. He is played by Ammann (pictured) who … This conversation occurred in October of 1984, more than two months before Herrera-Zuleta arranged the acquisition of an airplane at the January 10, 1985 meeting in Florida. The fact that someone identified himself to Reyes over the telephone as "Ben," "Benjamin," or "Cachaco" did not tend to prove that Herrera-Zuleta was the party who initiated the phone calls. The fact that Reyes did not refer to "Ben," "Benjamin," or "Cachaco" in Fernandez's presence, does not tend to prove that Reyes lied when he testified that Fiallo used those names in identifying the person who would acquire the airplane. He seeks reversal on the following grounds: One. 801 ("A 'statement' is ... an oral or written assertion."). The DEA had been following Herrera in hopes that he and Santiago would lead them to a stockpile of cocaine, Hook said. United States Court of Appeals, Ninth Circuit. Francisco Helmer Herrera Buitrago also known as "Pacho" and "H7", was a Colombian drug trafficker, fourth in command in the Cali Cartel. Herrera was sentenced to concurrent 40 year terms on each of the two counts in the indictment. May 24 (UPI) -- A pair of Idaho men successfully broke the Guinness World Record for fastest time to bounce Ping-Pong balls into five cups after their two previous attempts were disqualified. Moreover, Herrera-Zuleta has not demonstrated that Fernandez's failure to testify affected him adversely. 400-year-old English coin found by archaeologists in Maryland. United States v. Benjamin Herrera-Zuleta We review a claim of prosecutorial misconduct for plain error where no objection was made in the trial court. ), cert. Mannhalt v. Reed, 847 F.2d 576, 580 (9th Cir. As discussed above, Herrera-Zuleta has failed to demonstrate that the prosecutor violated the discovery stipulation, or that the introduction of Reyes' testimony concerning Fiallo's statements and the telephone calls was prejudicial. Herrera-Zuleta has not cited any authority binding on this court which requires the government to bring potential defense conflicts to the court's attention on the government's own initiative, when the defense has failed to do so. Criminals similar to or like. Reyes' testimony did not reveal any conflict of interest regarding Mr. Gentile's successive representation of Fernandez and Herrera-Zuleta. Man wins $1 million when store sells out of favorite lottery ticket. Herrera-Zuleta argues that Mr. Gentile admitted at the section 2255 evidentiary hearing that his former representation of Fernando Fernandez resulted in a conflict of interest with his duty to Herrera-Zuleta. Herrera-Zuleta asserts that Mr. Gentile's failure to object to the Government's alleged violation of the discovery stipulation deprived him of his right to the effective assistance of counsel. Francisco Hélmer Herrera Buitrago also known as “Pacho” and “H7”, (August 24, 1951 – November 6, 1998) was a Colombian drug trafficker, fourth in command in the Cali Cartel, and believed to be the son of Benjamin Herrera Zuleta. The reason Fernandez did not testify had nothing to do with Mr. Gentile's successive representation; rather it was because Mr. Gentile had no time to call him in any event. Pacho Herrera is the fourth in command of the Cali Cartel and is believed to be the son of Benjamin Herrera Zuleta. Education While in high school, Herrera studied technical maintenance, experience that got him a job later in the United States. 'Herrera is probably one of the most prominent drug smugglers being sought by the DEA, because Herrera is estimated to smuggle about 500 kilos (about 1100 pounds) of cocaine a week,' Hook said. Herrera grew up in the … It is not clear or obvious from reading the stipulation that the word "statement" was intended to include a name used by a person who makes a telephone call. May 21 (UPI) -- A California cyclist captured video of his close encounter with a hawk that dive-bombed at his head while he was riding. Herrera-Zuleta's counsel did not object to this testimony at trial. Idaho men bounce Ping-Pong balls into 5 cups for Guinness record. Benjamin HERRERA-ZULETA, Defendant-Appellant. "The general rule is that appellants cannot raise a new issue for the first time in their reply briefs." See Fed.R.Evid. Herrera-Zuleta asserts that the Government violated this stipulation by introducing evidence of Fiallo's statement to Reyes in October after Fillo met with "Ben," or "Benjamin," and Reyes' testimony that a telephone caller identified himself as "Ben," "Benjamin," or "Cachaco," without prior disclosure to his defense counsel. Id. Colombian drug trafficker, fourth in command in the Cali Cartel, and believed to be the son of Benjamin Herrera Zuleta. Benjamin Herrera-Zuleta appeals from the denial of his motion to vacate his sentence under 28 U.S.C. 'They just drove around, and we finally gave up and decided to take him in.'. As previously discussed, Mr. Gentile did not have an actual conflict of interest that adversely affected his performance. Pacho Herrera, believed to be the son of Benjamin Herrera Zuleta, an Afro-Colombian smuggler known as the "Black Pope," is a wealthy valley rancher with business interests in New York. Garcia v. Bunnell, 33 F.3d 1193, 1198 (9th Cir.1994) (quoting Cuyler v. Sullivan, 446 U.S. 335, 348 (1980)), cert. United States v. Span, 75 F.3d 1383, 1387 (9th Cir.1996). Herrera-Zuleta has failed to demonstrate that the admission of this testimony was prejudicial. Herrera grew up in the Colombian town of Palmira in the Valle del Cauca Department. Wisconsin couple helps rescue swimming bear cub in Alaska. A showing of successive representation is not sufficient to demonstrate an actual conflict of interest. at 694. In his reply brief, Herrera-Zuleta for the first time contends that "this case involves ineffective assistance of appellate counsel." The district court erred in ruling that Herrera-Zuleta failed to demonstrate that he was deprived of his right to effective representation because his trial counsel had an actual conflict of interest due to counsel's representation of Fernando Fernandez in a prior criminal prosecution arising out of the same alleged conspiracy to import cocaine from Bolivia. v. John Sullivan. Argued and Submitted Feb. 11, 1997. Secs. Florida 11-year-old earns world record for mental math. Early years. To find prejudice, a "defendant must show that there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different." Neither Reyes nor Fernandez were present at this meeting. The district court denied his Fed.R.Crim.P. at 732-34. May 24 (UPI) -- An Illinois couple said they received an unusual surprise when their pregnant cow gave birth to triplets -- beating odds of 1 in 105,000. Firefighters rescue horse wedged between trees in England. We affirm because we conclude that Herrera-Zuleta has failed to demonstrate that an actual conflict of interest existed between him and his trial counsel. La Organización en el Valle del Cauca. Etsi töitä, jotka liittyvät hakusanaan Benjamin herrera zuleta tai palkkaa maailman suurimmalta makkinapaikalta, jossa on yli 19 miljoonaa työtä. denied, 498 U.S. 819 (1990). "The existence of an actual conflict cannot be governed solely by the perceptions of the attorney; rather, the court itself must examine the record to discern whether the attorney's behavior seems to have been influenced by the suggested conflict." United States v. Span, 75 F.3d 1383, 1387 (9th Cir.1996). Hélmer Herrera. Believed to be the son of Benjamin Herrera Zuleta. Because his attorney had no actual conflict, Herrera-Zuleta suffered no harm from the failure of the government to call attention to a mere potential conflict. Reyes' testimony regarding Fiallo's visit to Benjamin's house in South Miami did not contain any oral or written assertion by Herrera-Zuleta. Appellant's Opening Br. All Rights Reserved. 'That didn't happen,' he said. Reyes' testimony that he told Fernandez that Fiallo planned to use an airplane did not inculpate Herrera-Zuleta. § 2255. Hélmer herrera ramiro herrera buitrago. at 734. Antiques hunter returns 1950 yearbook, diploma to owner. Herrera was sentenced to concurrent 40 year terms on each of the two counts in the indictment. Boy, 9, finds $5,000 under floor mat of family's used SUV. Fernandez would have testified that he and Reyes conspired to kill a government witness. * Herrera-Zuleta contends that the district court erred in determining that he was not denied effective assistance of counsel because of his trial counsel's prior representation of Fernando Fernandez in a criminal prosecution arising out of the same conspiracy to import cocaine from Bolivia. Strickland v. Washington, 466 U.S. 68, 687-90 (1984). “Pacho Herrera, believed to be the son of Benjamin Herrera Zuleta, an Afro-Colombian smuggler known as the Black Pope, is a wealthy valley rancher with business interests in New York,” wrote TIME magazine in 2001. Fernandez testified that after hearing Farinas testify, the Government dismissed the charges arising out of the alleged conspiracy to kill a government witness. The district court denied his Fed.R.Crim.P. He was brought to Miami for hearings to determine if he should be taken to Nevada for trial on the Nevada indictment charging him with smuggling 86 kilograms of cocaine in January 1985. Fernandez.". denied, 488 U.S. 908 (1988). No. Herrera-Zuleta argues that Fernandez would have "fatally impeached" Reyes' testimony in the following respects: One. The district court erred in ruling that Herrera-Zuleta was not deprived of his Sixth Amendment right to counsel because his attorney failed to object to the introduction of statements made by Herrera-Zuleta during the course of the conspiracy in violation of the stipulation. (adsbygoogle = window.adsbygoogle || []).push({}); NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.UNITED STATES of America, Plaintiff-Appellee,v.Benjamin HERRERA-ZULETA, Defendant-Appellant. Non-Government Works Copyright © 2001-2021 Think Computer Corporation. Three. MIAMI (AP) _ A Colombian who allegedly helped found a cartel blamed for 80 percent of the cocaine smuggled into the United States has been arrested on drug- trafficking charges, federal agents say. Herrera-Zuleta asserts that the failure of the prosecutor to inform the trial judge that Mr. Gentile had previously represented Fernandez was egregious misconduct. At 11 a.m. Tuesday, a team of 10 DEA agents stopped a 1987 Toyota pickup truck occupied by Herrera, about 45, of Medellin, and Raul Santiago, 31, a Colombian companion with a home in Miami Lakes. Herrera-Zuleta has failed to meet his burden under each of these tests. Mr. Gentile had not previously represented Reyes in charges arising out of the conspiracy to use an airplane to transport cocaine to Las Vegas on January 15, 1985. If I had known pretrial that Raul Reyes was going to be a witness for the Government, I don't think there's any question about the fact that I would have thought through this issue and would have come to the conclusion that I had a conflict of interest unless Fernando Fernandez would waive it. United States of America, Plaintiff-appellee, v. Benjamin Zuleta Herrera, Defendant-appellant, 504 F.2d 859 (5th Cir. May 21 (UPI) -- Firefighters in England rescued a horse that wandered into a close grouping of trees and became stuck. 1374 (1995). The discovery stipulation provides in pertinent part: The Government represents that the only statements of the defendant known to the Government are the statements made at Opa Locka airport on January 10, 1985. "Conflicts of interest can arise both in cases of simultaneous and successive representation." In 1875, while he was a student at the University of Cauca, Herrera joined the liberal army under César Conto to topple the conservative governor of Antioquia. Herrera-Zuleta maintains that "[t]rial counsel's own admission belies the lower court's finding that no actual conflict of interest existed." Moreover, even if the government erred in not bringing Mr. Gentile's successive representation to the court's attention, Herrera-Zuleta has not shown any harm from the error. 96-15146. The successive representation therefore had no effect on Mr. Gentile's performance. United States v. Guy W. Olano, Jr., and Raymond M. Gray. Finally, the error must have been prejudicial. The stipulation was entered into in response to Herrera-Zuleta's motion for the "Production of Statements of the Defendant Made Directly or Vicariously." Neither Reyes nor Fernandez ever met Herrera-Zuleta, or engaged in any conversation with him. Family Right now, our team working to update his family details. If error is shown, it cannot be reviewed on appeal unless it is clear or obvious. We also hold that Herrera-Zuleta was not deprived his right to due process or his Sixth Amendment right to the effective assistance of counsel. 36-3. MIAMI -- Benjamin Herrera Zuleta, described as the 'black pope of cocaine,' and the mastermind behind the smuggling organization that provided most of the U.S. cocaine supply, was brought into federal court Wednesday for an extradition hearing on drug charges in Nevada. The Government asserts that this claim is procedurally barred because he failed to raise it on direct appeal. "An actual conflict, as opposed to the 'mere possibility of a conflict,' is necessary to establish ineffective assistance." Believed to be the son of Benjamin Herrera Zuleta. Benjamin Herrera-zuleta, Defendant-appellant, 113 F.3d 1243 (9th Cir. Before: SCHROEDER, ALARCN, and O'SCANNLAIN, Circuit Judges. The investigation was set up with help from Barry Seal, a federal drug informer killed in Baton Rouge, La., two years ago. When Reyes testified that he told Fernandez that Fiallo was planning to use an airplane to transport cocaine to Las Vegas, Mr. Gentile informed the court at side bar that he had previously represented Fernandez at a trial arising out of the same conspiracy.
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