"); United States v. Segura-Gallegos,41 F.3d 1266, 1272 (9th Cir. Thus, the Court GRANTS the motions WITHOUT PREJUDICE to future motions if pertinent to a rebuttal. United States v. Bridgeforth,441 F.3d 864, 869 (9th Cir. . . The Court already has held these types of opinions to be improper expert testimony. No claims to the accuracy of this information are made. 2014); United States v. Vera,770 F.3d 1232, 1241 (9th Cir. . 3 0 obj (Docket No. He did, however, express concern the arrests may cause rival gang members to intensify their activities. L. Rev. ("To interpret the meaning of coded language encountered for the first time in the specific investigation at issue, however, an officer's qualifications, including his experience with narcotics investigations and intercepted communications, are relevant but not alone sufficient to satisfy Federal Rule of Evidence 702."). In both removals, bombers punched and kicked the victim to inflict the maximum damage possible and to allow the hitters to escape without being caught by guards with the stabbing weapons. Dunbaugh said he has no idea what effect the Nuestra Familia arrests will have on the gang. var obConfig = { footer: '' }; Bookmarks are saved to your account and can be accessed from any device. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. Assistant U.S. Attorney Steven Gruel, who served as lead counsel on the case with Assistant U.S. Attorney Edward Torpoco and federal trial lawyer Robert Tully, said Operation Black Widow had two goals: to identify and remove the Nuestra Familia's top leadership and to attack the gang's street operations outside the state prison system. Judge Freeman scheduled the sentencing hearing for Cervantes for May 19, 2020; and the sentencing hearings for Magdaleno and Romero for June 23, 2020. Any action you take upon the information you find on this channel (PARADIGMMEDIA) is strictly at your own risk. . For "cream of crop," the government's August 2015 disclosure includes the sentence: "The NF has a policy not to take people under their wing just for numbers[,] but rather quality. 1022 at 1-2.) The question to be addressed during the discussion of the instructions is the extent to which any argument can be made that only a "slight connection" existed amongst the alleged conspirators. H. Cervantes similarly "seeks an order from this Court requiring that the Government specify the statements it seeks to introduce; the conspiracy that is alleged to be connected with the statement; and that the Court . Main Office: Shasta County, Movant, represented by David M. Yorton , Attorney at Law. In their plea agreements, Magdaleno, Romero, and Cervantes admit to participating in the distribution of narcotics to other inmates at Monterey County Jail. If the government demonstrates that these opinions might possibly be admissible as expert testimony, then, as explained in the paragraph above, the government would need to demonstrate for each coded word to be translated how it meets the Rule 702 and pertinent case law requirements. VA No. The eight pleaded guilty in San Francisco to charges of operating the prison gang as a racketeering enterprise. Second, the following opinions do not appear on their face to be based upon Feeney's investigation of this particular organization, but the government's August 2015 disclosure suggests that in fact they might be: Opinion Numbers 1; 2; 7; 8; 17; 18; 19; 32; 53; 58; 59; 72; 74; 76; 79; 82; 84; 86; 89; 92; 151; 184; 187; 188; 243; 259; 270; 278; 294; 438; 476; 485.5 Because of the information contained in the August 2015 disclosure, the Court also RESERVES ruling on these opinions. To request removal of your name from an arrest report, submit these required items to arrestreports@patch.com. The plea agreements also describe the roles of the defendants in removals as a means of violently enforcing the most important of the gangs rules while they were in the jail. . at 8-12. (footnote omitted)); id. He is not welcome in the prisons. Eight top-ranking members of the deadly Nuestra Familia prison gang entered guilty pleas to federal racketeering charges Monday in the conclusion of "Operation Black Widow," a local, state and federal investigation that has resulted in the convictions of 75 of the gang's members and associates since it began in 1997. On September 27, 2018, a federal grand jury indicted Magdaleno, Romero, Cervantes, and several other defendants with racketeering conspiracy, in violation of 18 U.S.C. The Enterprise consisted of members and associates of the Nuestra Familia prison gang as well as Norteo street gangs in Salinas, Calif., and the surrounding areas. Joe Gonzales orders the murder of familiano Richard Hernandez for failing to carry out orders. Villanueva is part of the NF's federal faction and this was during what could be identified as the peak time where the power struggle was just developing between the state and federal factions. Other inmates described Villanueva as extremely moody and sometimes physically aggressive -- a deep contrast with Carlin, who was "happy-go- lucky" and generally liked by the men in his cell block, according to a trial brief prepared by the prosecution. 1045 at 4.). Henry Cervantes, Defendant, represented by, Jaime Cervantes, Defendant, represented by, Richie Michelson, Defendant, represented by, Andrew F. Cervantes, Defendant, represented by, California Department of Corrections and Rehabilitation, Movant, represented by. Please be sure to check the Privacy Policies of these sites as well as their Terms of Service before engaging in any business or uploading any information. Federal Courthouse 1045 at 5.) The indictments cap a three-year, $5 million undercover investigation code-named Operation Black Widow. Based on the filings in this case and oral argument, the Court issues the following Orders. % (August 17, 2015 Disclosure, Ex. (citations omitted). For example, Magdaleno admitted that he orchestrated and participated as the hitter in the December 2, 2012, removal of a victim from the jail. For ease of reference, the Court has categorized the opinions at issue: First, the only numbered opinions which do not appear, on their face and read alongside the government's August 17, 2015 disclosure, to be based upon Feeney's investigation of this particular organization are as follows:4 Opinion Numbers 9; 10; 11; 13; 14; 15; 16; 21; 22; 23; 36 (except for perhaps "weather," which appears investigation-specific according to page 1 of the August 2015 disclosure, and Nephews, which appears investigation-specific according to Opinion Number 233); 37; 39; 41; 42; 44; 45; 62; 63; 64; 68; 70; 71; 73; 75; 77; 78; 81; 83; 85; 87; 88; 91; 92; 94; 98; 99; 102; 103; 105; 109 (to the extent not referring to "Norteos and Sureos"); 110; 111; 112; 113; 114; 116; 117; 119; 120; 124; 127 (to the extent there possibly could be a basis distinct from the explanation specific to Rico Garcia); 128; 132; 148; 154; 155; 156; 157; 158; 161; 166; 170; 174; 175; 178; 190; 191; 196; 199; 205; 206; 207; 213; 214; 219; 220; 221; 224; 226; 228; 230; 232; 233 (except for "Nephews, out of loyalty, the Nephews"); 234; 235 (except for "rotations"); 236 (to the extent there possibly could be a basis distinct from the explanation about Rangel); 237; 239; 240; 242; 245 (to the extent there possibly could be a basis independent of translating "rotations"); 246; 260; 261; 262 (except for references to "Brenda" and "Rosa"); 267; 269 (except for reference to "Brenda" and only to the extent there possibly could be a basis for translating "heat" as distinct from the investigation-specific basis provided for "weather" in the August 2015 disclosure); 273; 275; 288; 289; 290; 291; 293; 295; 308; 309; 310; 311 (except for reference to "Brenda"); 312 (except for reference to "Rosa"); 313; 314; 315; 323; 325 (only to the extent explaining that "Josie is [a] reference to Outlaw Josie Wales[]movie in which main character rode a horse"); 329 (except for reference to "Guenia"); 344; 346 (except for reference to "Guenia" and, as in number 127, only to the extent there possibly could be a basis distinct from the explanation specific to Rico Garcia); 352; 354; 355; 358; 361; 367; 378; 383; 391; 401; 402; 406; 437; 438; 440; 443; 467; 468; 482; 483; 484; 486; 487 (only if the basis for translating "heat" is distinct from the possibly investigation-specific basis provided for the "weather" opinion in the August 2015 disclosure); 495 (to the extent it does not reference "Cervantes"); 501 (to the extent it does not reference "Cousin Casper"); 524; 537; 555; 560; 565; and 571 (to the extent it has a basis independent of "the stabbing" as a particular stabbing). The government's updated filing proffers five hundred seventy-six "coding" opinions. California Highway Patrol officers encountered Villanueva a quarter- mile west of the scene, walking in the freeway center median. 928 at 15.) 928 at 13-16; id. Villanueva was charged with the murder and was relocated to a high security unit at the Riverside jail. Six gang members and inmates at Pelican Bay, James Morado, Cornelio Tristan, Gerald Rubalcaba, Sheldon Villanueva, Tex Hernandez and Daniel Perez, were transferred to federal custody Sunday. While the government need show only a slight connection with the conspiracy, the independent evidence must be `fairly incriminating: . In addition, "[u]nder this rule, an accused's knowledge of and participation in an alleged conspiracy with the putative coconspirator are preliminary facts that must be established, by a preponderance of the evidence, before the coconspirator's out-of-court statements can be introduced into evidence." The undersigned similarly instructed the jury at the end of the case that the fact that a defendant was incarcerated necessarily meant he could not have been present at the scene of the crime."). Magdaleno admitted that he gave the victim marijuana to use so that he would be more vulnerable and let his guard down; and after doing so, Magdaleno stabbed the victim in the head with a shank. Sanchez is living at the home with Peggy and is in a relationship with her daughter Coco. Here, the Court is satisfied, given its knowledge of the case and many of the documents that have been submitted, that the government has made a sufficient proffer as to the each of the named defendants' potential for involvement in the charged conspiracy, and with respect to those categories of evidence for which the Court has denied motions to exclude wholesale. However, with respect to those alleged coconspirators not charged, e.g., Skip Villanueva, a sufficient proffer has not been made. 1986). Under current Ninth Circuit law, the Court would need to evaluate the remaining opinions under Rule 701. Your donation will help us continue to cover COVID-19 and our other vital local news. It's their reputation at stake." Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. Perez will not begin serving his sentence until he has completed a separate six-year state prison. Henry Cervantes, Defendant, represented by John Timothy Philipsborn , Attorney at Law. U.S. Attorney's Office, Northern District of California, Conspirators admit their roles in violent crimes in Monterey County Jail to maintain gang discipline and punish transgressions of gang rules, Three Associates Of Nuestra Familia Prison Gang Plead Guilty To Federal RICO Conspiracy, U.S. Attorney Stephanie M. Hinds Announces $399,000 In Justice Department Grants To Support Project Safe Neighborhoods, Justice Department Awards More Than $17.5 Million to Support Project Safe Neighborhoods, Members And Associates Of MS-13 In San Francisco Charged With Participation In Gang-Related Murders In Furtherance Of Racketeering Conspiracy, Racketeering Conspiracy, 18U.S.C. Six gang members and inmates at Pelican Bay, James Morado, Cornelio Tristan, Gerald Rubalcaba, Sheldon Villanueva, Tex Hernandez and Daniel Perez, were transferred to federal custody Sunday.. . Two of them, Rico Smiley Garcia, a gang member from Windsor and his alleged accomplice, Ceasar Lobo Ramirez, were charged with a 1998 assassination of gang leader Michael Mikeo Castillo. In accepting the guilty pleas Monday, U.S. District Judge Charles Breyer said he hoped that scattering the top leadership would help shut the organization down. In addition, the government's summary disclosures are referenced at the end of this order.i The objections based on Local Rule 16-1(c)(4) are also DENIED. See, e.g., United States v. Moran,493 F.3d 1002, 1010 (9th Cir. Further, to the extent the government argues that H. Cervantes's actions after his arrest demonstrate continued participation in the conspiracy, he seeks to exclude such evidence under Rule 403. They are the two most powerful prison gangs in the state prison system, officials say. d. All statements made by Andrew Cervantes, Sheldon Villanueva, Alberto Larez, Henry Cervantes, Fernando Rangel and others in jail calls, itemized, transcribed and produced to you, as de-coded by John Feeney. 3553. The crimes listed in last weeks indictment were planned and carried out primarily by prisoners in the toughest section of Pelican Bay. TTY: (415) 436-7221, Oakland: (510) 637-3680 Click on the case name to see the full text of the citing case. Also, previously, this Court excluded "opinions identifying specific individuals holding positions in Nuestra Familia . 1 0 obj If they comply with their plea agreements, the additional charges will be dismissed at sentencing. Further, basic statements of law stemming from Pinkerton v. United States,328 U.S. 640 (1946) are not in dispute. Theres a war occurring in our communities in California, Dunbaugh said. This Court previously identified multiple categories of "translation" opinion testimony, found that the government's initial disclosures as to Feeney's proffered opinions conflated expert and lay opinion testimony, and ordered the government to file Feeney's proffered expert opinions and lay opinions for purposes of meeting the Ninth Circuit's requirements for admitting each type of opinion in the context of police officer opinion testimony about coded jargon testimony. See Sheldon 's Criminal Record. As required by Prunty, the prosecution showed "associational or organizational connection uniting" Nuestra Raza and Nuestra Familia. 783, 831, 832, 833, 846), and motions in limine filed by Andrew Cervantes ("A. Cervantes") (Docket Nos. (Id. subject to the requirements of Federal Rule of Evidence 701," Vera, 770 F.3d at 1242; see also Gadson, 763 F.3d at 1210. (People v. Prunty (2015) 62 Cal.4th 59, 71 .) RIVERSIDE, CA A Riverside jury Tuesday recommended the death penalty for a convicted felon who fatally stabbed his ex-girlfriend along Interstate 10 in Whitewater and, four months later, strangled his 82-year-old cellmate at the Smith Correctional Facility in Banning. 1991)). H. Cervantes seeks to exclude any evidence regarding actions on any date after H. Cervantes's arrest in September 2011, or to provide limiting instructions on the purpose for which the jury may consider such evidence. These examples illustrate how Feeney seeks to go beyond translating particular words with fixed meanings and opine about the origin and effect of a Nuestra Familia document, Nuestra Familia rules, the expectations of Nuestra Familia members, and particular actions by particular individuals holding particular positions within Nuestra Familia. . Dunbaugh said additional arrests were likely, but he refused to elaborate. Interpreting the facts and opining as to why individuals sent letters to Bauer fit into the latter category and identify a specific individual with a specific role. United States v. Garcia,497 F.3d 964, 967 n.1 (9th Cir. Magdaleno, Romero, and Cervantes were also charged with conspiracy to commit murder in aid of racketeering, in violation of 18 U.S.C. 5dk*@WlLLOz(.CN8we3_/?:i}"(hG$ua +U4i. Rudy Del Real and Rudolfo Quilon complete the order. Deputy District Attorney Anthony Orlando said the defendant and Barrasa lived together at the property over the ensuing six months, and during that time, Villanueva became abusive, inflicting injuries to the victim's arms and legs and cutting away some of her hair. For example, a sworn affidavit drafted in connection with the case by FBI Special Agent McCarrell Crumrin said that one Nuestra Familia member who decided to turn state's witness against the gang ended up giving investigators evidence that was used to charge him separately with racketeering. Cf. . Moreover, in Gil, the government met its burden, in part, by presenting evidence that two specifically identified defendants "were co-conspirators, and prov[ing], by a preponderance of the evidence, that [drug] ledgers [sought to be admitted] were the defendants' statements." Vera, 770 F.3d at 1241. 1021, 1022, 1023, 1024). Gadson, 763 F.3d at 1216 (quoting Castaneda, 9 F.3d at 766, 768); see also United States v. Green,592 F.3d 1057, 1071 (9th Cir. 450 Golden Gate Avenue Castaneda, 16 F.3d at 1507. 1045 at 5.) x]ms9*>[DhJqB6 Gq~0TA9=_wh4ckf5j'O^YG?v2? Jackson may give his opinions regarding common slang."). Inmates sneak out handwritten coded letters, or micro-writings, often transcribed and forwarded by their spouses and girlfriends and sometimes disguised as legal mail. United States v. Liera,585 F.3d 1237, 1245 (9th Cir. at 1419-20 ("The testimony of the handwriting expert that Montoya was `probably' the author of the Abuelitos ledger, combined with circumstantial evidence that Montoya wrote the ledger entries, provides an adequate foundation for admitting the ledger as an admission by Montoya. Both the victim and all defendants are black. A .gov website belongs to an official government organization in the United States. 1021 at 1.) Gang rules and discipline are maintained by assaulting and threatening those individuals who violate the rules or pose a threat to the organization. Romero admitted that he relayed the leaderships approval for the removals, which involved a hitter stabbing the April 29 victim in the head with a metal shank and a hitter stabbing the October 23 victim in the neck with a weapon made out of plexiglass. Several days later, he located Barrasa at her friend's residence. ("Here, the only evidence offered by the government to establish that Le Chen's mother was involved in a conspiracy are the hearsay statements the government sought to introduce regarding what Le Chen's mother told Le Chen."). Still, because the Court lacks bases for these opinions, the Court is not in a position at this time to rule on their admissibility one-by-one. May 27, 2011) ("Before trial, the government made a good faith effort to comply with the local rule and the scheduling orders and produced a comprehensive document summarizing over 400 statements, sorted by sponsoring witness. The Court next addresses the specific arguments regarding the exclusion of the home address associated with Karen Bauer. . Magdaleno admitted that he stabbed the victim in the chest and back over 20 times. Retirement Communities in the Palm Springs Area | 55+, 'We Aren't Joking. 985 at 35.) with id. Magdaleno admitted that he stabbed the victim in the chest and back over 20 times. PARADIGM MEDIA NEWS Channel is in compliance with 17 U.S.C and Digital Millennium Copyright Act (\"DMCA\") and other applicable intellectual property laws. A lock ( Thus: "`due process constrains the application of Pinkerton where the relationship between the defendant and the substantive offense is slight,' and . See Luce v. United States,469 U.S. 38, 40 n.2 (1984) (noting that motion in limine refers "to any motion, whether made before or during trial, to exclude anticipated prejudicial evidence before the evidence is actually offered"). . 1959(a)(5), and conspiracy to commit assault with a dangerous weapon in aid of racketeering, in violation of 18 U.S.C. Despite being happy to see him, the victim told friends that she was concerned about Villanueva's behavior, and at least one witness recalled the woman hesitating to get into his car on the night of May 11, 2016, according to the prosecutor. 1045 at 3) does not suffice. The convictions are the culmination of an investigation that began in 1997 after investigators in Santa Rosa developed new leads into the gang. The prosecutor said that on the afternoon of Sept. 17, 2016, Villanueva knotted a bed sheet and used it to strangle the victim, trying to make it appear as though the senior had hung himself while sitting on the bedside commode. . 2007) ("Statements made for personal objectives outside the conspiracy or as part of idle conversation are not admissible under Rule 801(d)(2)(E). endobj 2002)); see also United States v. Williams, 2016 WL 899145, at *8 (N.D. Cal. In Decoud, for instance, "the expert gave a lengthy explanation of how he interpreted `diznerty' based on his understanding of a common speaking style . Stay Off Mountain Roads': Caltrans, Experts: Big Bear Bald Eagle Eggs Unlikely To Hatch In Nest, Are You Registered For Alert RivCo In Palm Desert? Click the citation to see the full text of the cited case. 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Cal States v. Williams, 2016 WL,! Rival gang members to intensify their activities associational or organizational connection uniting & quot ; Nuestra and... The remaining opinions under Rule 701 20 times if pertinent to a high unit! Quilon complete the order are not in dispute commit murder in aid of racketeering, in violation of 18.. His sentence until he has no idea what effect the Nuestra Familia arrests will have the! N.D. Cal following orders guilty in San Francisco to charges of operating the gang! Not begin serving his sentence until he has completed a separate six-year state prison system, officials say charged! Own risk v. Moran,493 F.3d 1002, 1010 ( 9th Cir after investigators in Santa Rosa developed new leads the. Your own risk dismissed at sentencing quarter- mile west of the home associated. Pertinent to a high security unit at the home with Peggy and is in a relationship with her Coco! 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Liera,585 F.3d 1237, 1245 ( 9th Cir motions WITHOUT PREJUDICE to future motions if pertinent a... West of the cited case members to intensify their activities back over times... Identifying specific individuals holding positions in Nuestra Familia separate six-year state prison system, officials say San! Complete the order additional arrests were likely, but he refused to elaborate edit or remove comments but is no... Relationship with her daughter Coco investigation code-named Operation Black Widow or remove comments is... Connection with the conspiracy, the Court issues the following orders footer: `` } ; Bookmarks saved... Pleaded guilty in San Francisco to charges of operating the prison gang a. Has completed a separate six-year state prison system, officials say not been made so, or explain... { footer: `` } ; Bookmarks are saved to your account can... ( PARADIGMMEDIA ) is strictly at your own risk has not been.... With the conspiracy, the prosecution showed & quot ; Nuestra Raza and Nuestra Familia investigators Santa! Charged with the murder of familiano Richard Hernandez for failing to carry out orders jackson may give his regarding!
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