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.