IN THE DISTRICT COURT OF THE UNITED STATES

FOR THE MIDDLE DISTRICT OF ALABAMA

EASTERN DIVISION

)

In the Matter of the Extradition of )

MARIA del ROSARIO MORENO-VAZQUEZ ) 3:06-CV-761-MEF-CSC

a/k/a MARIA COONLEY )

)

 

United States’s Motion for Leave to Amend Exhibit List

The United States respectfully moves this Court to permit the filing of its

Amended Exhibit List. The original exhibit list, Doc. No. 22, inadvertently omitted the

following exhibit: 

Exhibit E: Declaration of Andrew N. Keller with attachments

(Diplomatic Note, Arrest Warrant, and Mexico-U.S.

Extradition Treaty)

This exhibit is not new. It was originally filed with the Court and provided to the

defendant in September, 2006 as part of the second extradition request. See Doc. No. 8. 

The Amended Exhibit List, Witness List, and Deposition Designations, which only

adds Exhibit E, is attached as “Attachment A.”

Respectfully submitted this 5th of June, 2008,

LEURA G. CANARY

UNITED STATES ATTORNEY

/s/ Christopher Snyder 

CHRISTOPHER A. SNYDER

Assistant United States Attorney

131 Clayton Street

Montgomery, AL 36104

Phone: (334) 223-7280

Fax: (334) 223-7135

E-mail: christopher.a.snyder@usdoj.gov

Case 3:06-cv-00761-CSC Document 28 Filed 06/05/2008 Page 1 of 2
Certificate of Service

I hereby certify that on June 5, 2008, I electronically filed the foregoing with the

Clerk of the Court using the CM/ECF system, which will send notification of such filing

to the following: Ben Elton Bruner. 

/s/ Christopher Snyder

CHRISTOPHER A. SNYDER

Case 3:06-cv-00761-CSC Document 28 Filed 06/05/2008 Page 2 of 2
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 Doc. 17. 

 2

 The original exhibits and an electronic copy have already been filed with the Court for both

extradition requests. See Doc. 1 (notice of filing original extradition exhibits); Docs. 6 & 8

(electronic redacted copies of extradition exhibits). 

 3

 Additionally, all exhibits have been previously provided to defense counsel on or about

September 26, 2006. Recently, defense counsel has requested better copies of certain pages, which

the United States is working with the Mexican Government to obtain. 

IN THE DISTRICT COURT OF THE UNITED STATES

FOR THE MIDDLE DISTRICT OF ALABAMA

EASTERN DIVISION

)

In the Matter of the Extradition of )

MARIA del ROSARIO MORENO-VAZQUEZ ) 3:06-CV-761-MEF-CSC

a/k/a MARIA COONLEY )

)

United States’s Amended Exhibit List, Witness List, and Deposition Designations

The pursuant to the Court’s April 4, 2008 Order in this case,1 and the provisions of

Rule 26(a)(3) of the Federal Rules of Civil Procedure, the United States hereby identifies the

exhibits, witnesses and depositions to be used for the June 11, 2008, extradition hearing in

this matter. 

I. Exhibit List2

 Expected to Be Offered at the Hearing

A. Exhibits from the First Extradition Request:3

A. Declaration of Andrew N. Keller with attachments (Diplomatic Note, Arrest

Warrant, and Mexico-U.S. Extradition Treaty);

B. Certification of Document Entitled Judgment. Non Litigious Judicial

Proceeding, Authorization for Leaving the Country;

C. Certification of Exhibits in Support of First Extradition Request; 

1. Translation of Request for Issuance of Arrest Warrant (and Spanish Original);

Case 3:06-cv-00761-CSC Document 28-2 Filed 06/05/2008 Page 1 of 6
2

2. Translation of Denouncement by Appearance of Fernando Castillo Tapia (and

Spanish Original);

3. Agreement of Filing (and Spanish Original);

4. Castillo-Tapia Filing re. Family Dispute (and Spanish Original);

5. Letter from Moreno-Vazquez to Castillo-Tapia (and Spanish Original); 

6. Custody Agreement (and Spanish Original); 

7. Letter of Prof. Ana Cecilia Esquivel Hernandez (and Spanish Original);

8. Divorce Order (and Spanish Original); 

9. L.F.C.M. Birth Certificate (and Spanish Original); 

10. M.F.C.M. Birth Certificate (and Spanish Original); 

11. Photos of L.F.C.M.; 

12. Photo of M.F.C.M. & L.F.C.M.; 

13. Photos of M.F.C.M.; 

14. Photo of Moreno-Vazquez; 

15. Castillo-Tapia University Credentials (and Spanish Original); 

16. Request for Appearance of Moreno-Vazquez (and Spanish Original); 

17. Request for Passport Documents (and Spanish Original); 

18. Interpol Request (and Spanish Original); 

19. Request to AeroMexico (and Spanish Original); 

20. Vazquez-Saucedo Witness Statement (and Spanish Original); 

21. Photo I.D. of Vazquez-Saucedo (and Spanish Original); 

Case 3:06-cv-00761-CSC Document 28-2 Filed 06/05/2008 Page 2 of 6
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22. Receipt of Document (and Spanish Original); 

23. Letter to Interpol (and Spanish Original); 

24. Receipt of Document (and Spanish Original); 

25. Moreno-Vazquez Passport Application (and Spanish Original); 

26. Copy of Moreno-Vazquez Passport (and Spanish Original);

27. L.F.C.M. Passport Application (and Spanish Original);

28. Parental Permission to Issue Passport for L.F.C.M.(and Spanish Original); 

29. Copy of Castillo-Moreno Passport (and Spanish Original);

30. M.F.C.M. Passport Application (and Spanish Original);

31. Parental Permission to Issue Passport for M.F.C.M..(and Spanish Original);

32. M.F.C.M. Passport (and Spanish Original);

33. Statement of Castillo-Tapia (and Spanish Original);

34. US Search Documents;

35. Receipt of Documents (and Spanish Original);

36. Request for Update on Status of Investigation (and Spanish Original);

37. Resolution of Proceedings (and Spanish Original);

38. Letter and Documents from AeroMexico (and Spanish Original);

39. Summons of Fernando-Castillo (and Spanish Original);

40. Attestation of Martin Marin Colin (and Spanish Original);

41. Exhibits from Expert Report (and Spanish Original);

42. Receipt of Document (and Spanish Original);

Case 3:06-cv-00761-CSC Document 28-2 Filed 06/05/2008 Page 3 of 6
 4 Id.

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43. Fingerprint Report (and Spanish Original);

44. Expert Report (and Spanish Original);

45. Expert Report Exhibit(and Spanish Original);

46. Expert Report Exhibit(and Spanish Original);

47. Expert Report Exhibit(and Spanish Original);

48. Expert Report Exhibit(and Spanish Original);

49. Expert Report Exhibit(and Spanish Original);

50. Receipt of Document(and Spanish Original);

51. Expert Report (and Spanish Original);

52. Resolution on Consignment(and Spanish Original);

53. Warrant for Arrest, C.P. 108/04/III (and Spanish Original);

54. Request to the C. Judge on Duty in Naucalpan de Juarez (and Spanish

Original);

55. Naucalpan de Juarez Order (and Spanish Original);

56. Naucalpan de Juarez Order Arrest Warrant (and Spanish Original);

57. Letter re. Case Against Moreno-Vazquez & Certification of Documents (and

Spanish Original);

58. Copy of Pertinent Mexican Code Sections (and Spanish Original);

B. Exhibits from the Second Extradition Request:4

D. Certification of Documents

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A long line of Supreme Court and Circuit Court cases state that extradition treaties do not contemplate

the introduction of testimony of live witnesses at extradition proceedings. Yordi v. Nolte, 215 U.S. 227, 231

(1909) (To do otherwise “would defeat the whole object of the treaty.”); accord Bingham v. Bradley, 241 U.S.

511, 517 (1916); United States v. Zanazanian, 729 F.2d 624, 626-627 (9th Cir. 1984) (applying Bingham to

extradition to Sweden); Shapiro v. Ferrandina, 478 F.2d 894, 902 (2nd Cir. 1973) (obviating necessity of

confronting accused with witnesses against him is “one of the prime objects of bi-lateral extradition

agreements”); In the Matter of Surrender of Ntakirutimana, 988 F. Supp. 1038, 1042 (S.D. Tex. 1997), aff’d,

184 F.3d 419 (5th Cir. 1999).

5

E. Declaration of Andrew N. Keller with attachments (Diplomatic Note, Arrest

Warrant, and Mexico-U.S. Extradition Treaty);

59. Ministerial Statement (and Spanish Original);

60. Letter re. Issuance of Passports & Passport Documents (and Spanish Original);

61. Screen Shot Mexican Passport Database for L.F.C.M (and Spanish Original);

62. Screen Shot Mexican Passport Database for Moreno-Vazquez (and Spanish

Original);

63. Screen Shot Mexican Passport Database for M.F.C.M. (and Spanish Original);

64. Letter and Exhibits re. Handwriting Report (and Spanish Original);

65. Fingerprint Report and Exhibits (and Spanish Original);

66. Findings of Judge in Naucalpan de Juarez and Attached Letter (and Spanish

Original);

67. Request for Receipt of the Judge in the Federal District (and Spanish Original);

68. Findings and Issuance of Arrest Warrant of the Judge in the Federal District

(and Spanish Original);

69. Copy of Pertinent Mexican Code Sections (and Spanish Original);

II. Witness List

Because this is an extradition matter, the United States does not anticipate calling any

witnesses.

5

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III. Deposition Designations

The United States does not anticipate introducing any depositions. 

Respectfully amended this the 5th day of June, 2008.

LEURA G. CANARY

UNITED STATES ATTORNEY

/s/ Christopher Snyder

CHRISTOPHER A. SNYDER

Assistant United States Attorney

131 Clayton Street

Montgomery, AL 36104

Phone: (334)223-7280

Fax: (334)223-7135

E-mail: christopher.a.snyder@usdoj.gov

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