Extradition from Mexico to the United States - Francisco Aviles-Perez

Francisco “Pancho” Aviles-Perez, a Mexican national suspected of distributing cocaine, heroin and marijuana in the U.S., was extradited last Wednesday to face federal charges.^[1] Avilez-Perez was indicted in 2002 on charges of possession with intent to distribute cocaine and heroin, distribution of cocaine and marijuana, conspiracy to distribute cocaine, aiding and abetting and money laundering.^[2]

Aviles-Perez’s indictment was a result of a two-year investigation that netted more than 130 total indictments.^[3] He is considered by prosecutors to be the lead defendant among 16 people described as some of the most significant players in the drug cartel.^[4] More than $3 million worth of cocaine was seized during the investigation and resulting arrests.^[5]

In 1984, Aviles-Perez was tried and convicted in U.S. District Court of one count of conducting a continuing criminal enterprise, six counts of possessing and distributing heroin and two counts of using a telephone in furtherance of a narcotics felony.^[6] Following a ten-year term of imprisonment, he was deported to Mexico where prosecutors believe he coordinated drug shipments from Mexico to various U.S. states, including California, Alaska and others.^[7]

After several years of evading arrest, DEA agents finally pinpointed Avilez-Perez’s whereabouts in Mexico nearly a year ago and Mexican authorities promptly arrested him near his home in Sinoloa.^[8]

If convicted Avilez-Perez faces a maximum of life imprisonment.^[9]

Extradition from Mexico to the United States

Extradition from Mexico to the United States is governed by the 1980 extradition treaty.^[10] This often-utilized treaty is of the hybrid variety; it contains both a laundry list of extraditable offenses and a dual criminality standard.

Under Article 2, extraditable offenses under the treaty must be both:

• listed under the Appendix (the “laundry-list”), and;
• punishable in accordance with the laws of both Contracting Parties by deprivation of liberty the maximum of which shall not be less than one year. (“dual criminality”)^[11]

Article 8 of the treaty allows Mexico to bars extradition of individuals facing potential capital punishment, which it does.^[12] As we reported earlier, extradition of suspects facing punishment by life imprisonment was also barred by Mexico until 2005, when the Mexican Supreme Court ruled in a 6-5 holding to strike down a constitutional ban of life imprisonment.^[13] As a result, life imprisonment is no longer an obstacle to extradition from Mexico.^[14]

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^[1] AP Staff, Mexican extradited to U.S. on accusations he distributed hundreds of pounds of cocaine, Associated Press Newswire, October 19, 2007, available at LEXIS, News Library, Wire News Services. [hereinafter AP]
^[2] Id.
^[3] Greg Krikorian, Alleged member of vast Mexican drug cartel returned to L.A., L.A. Times, Oct. 18, 2007, (last visited October 22, 2007).
^[4] Id.
^[5] Id.
^[6] United States v. Aviles-Perez, No. 83-5060, slip op. (9th Cir. Apr. 26, 1984), cited in Aviles-Perez v. U.S., 869 F.2d 1496, (9th Cir. 1989).
^[7] AP, supra note 1.
^[8] Id.
^[9] Id.
^[10] Treaty of Extradition between the United States of America and the United Mexican States (Mexico), U.S.-Mex., Jan. 25, 1980, 1978 U.S.T. LEXIS 317.
^[11] Id. at Art. 2.
^[12] Id. at Art. 8.
^[13] BBC Staff, Mexico alters extradition rules, BBC News Online, Nov. 30, 2005, (last visited October 22, 2007).
^[14] Id.