Later that month, Krueger notified Defendant by phone that
Bailey and Post would be traveling to Tijuana. Krueger and
Defendant arranged for Bailey to bring Post to a specific loca-
tion in Tijuana.
On August 20, 1998, Bailey kidnapped Post by luring and
transporting him from San Diego to Tijuana. Two men acting
at Defendant’s direction abducted Post from a Tijuana shop-
ping center as Defendant and Bailey watched from a distance.
The two men, followed by Defendant and Bailey, took Post
to a Tijuana residence where he was held.
Between August 20 and August 25, Defendant, Bailey, and
others acting at Defendant’s direction repeatedly threatened,
beat, and seriously injured Post at the Tijuana residence. On
August 25, 1998, Defendant and others killed Post in Mexico.
On April 13, 2000, Defendant was charged in a three-count
indictment with conspiracy to murder, kidnap, and maim a
person in a foreign country, in violation of 18 U.S.C. § 956.
Two weeks later, a first superseding indictment was returned,
which added a count charging Defendant with intimidating a
On October 5, 2000, the United States asked Mexican
authorities to arrest and detain Defendant. On April 22, 2001,
judicial authorities in Mexico ordered Defendant to be
detained pending his extradition to the United States. On June
18, 2001, the United States formally requested that Mexico
extradite Defendant to the United States. On July 21, 2001, a
judge in Mexico City granted the request to extradite Defen-
dant “for the crimes of conspiracy to kill and kidnap another
person and other related crimes.” On August 8, 2001, the
Mexican Foreign Ministry granted the extradition of Defen-
dant, as requested.
On October 2, 2001, Mexico’s Supreme Court of Justice of
the Nation interpreted Mexico’s constitution to prohibit extra-