Cervantes also admitted that he was a bomber in the February 25, 2013, removal of a victim, and that he punched and kicked the victim to inflict the maximum damage possible and to allow the hitter to escape. 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. Last month, the same jury convicted Villanueva of two counts of first- degree murder and found true a special circumstance allegation of taking multiple lives, making the defendant eligible for a death sentence. United States District Court, N.D. California. Romero admitted that during the removal, the hitter stabbed the victim in the head, and immediately thereafter three bombers began to punch and kick the victim to inflict the maximum damage possible and to allow the hitter to escape without being caught by guards with the stabbing weapon. This portion of the motion is GRANTED as to the government's case-in-chief. Not included in that basis for Feeney's opinions was information about other gangs he monitored and what such monitoring entailed such that it would apply to his proffered opinions. Vera, 770 F.3d at 1241. May 27, 2011) ("In a myriad of ways, the statements sought to further the conspiracy's common objective and/or to set in motion transactions that were integral to the conspiracy."). . Compare Vera, 770 F.3d at 1241 ("Officers may testify about their interpretations of `commonly used drug jargon' based solely on their training and experience.") endobj Shortly after this phone call was recorded, Sanchez was arrested, indicted, convicted and sentenced to over 300 years for his involvement in running a criminal street crew and for allegedly ordering a kidnapping. As with the analysis regarding the declarant, "to establish these facts, the government cannot rely solely on the coconspirator statements themselves." Moreover, to the extent Feeney would attempt to testify as an expert decoding terms he encountered for the first time in his investigation of the Nuestra Familia organization (and related entities), he fails to explain a method that would satisfy the requirements of Rule 702 under Ninth Circuit case law. 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? That said, and based upon instructions from this Court, the government previously identified the core documents on which it intended to focus during trial, which contain the statements at issue. "The defendant expressed that Barrasa had his heart, which Barrasa responded to by laughing," Orlando said. Five of the defendants will be sentenced to life in federal prison, and three will get 10-year terms. . Magdaleno, Romero, and Cervantes were also charged with conspiracy to commit murder in aid of racketeering, in violation of 18 U.S.C. 1045 at 4-5.) 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. (Id.) Compare NF 544, 545 and NF 11190, 11191.").) exclude any statement that does not meet the requirements of the rule." Decoud, 456 F.3d at 1014 n.6. . . 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. (PARADIGMMEDIA) Unplugged, does not make any warranties about the completeness, reliability and accuracy of this information. . United States v. Bridgeforth,441 F.3d 864, 869 (9th Cir. Santa Rosa gang investigators initially were tipped off by information received during their questioning of a Pelican Bay parolee. Andrew F. Cervantes, Defendant, represented by K. Alexandra McClure , Law Offices of Alexandra McClure. . at 8-12. (quoting United States v. Sine,493 F.3d 1021, 1038 (9th Cir. 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"). . 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. endobj Listed below are those cases in which this Featured Case is cited. 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. 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." 1045 at 5.) There are mature, veteran gang members directing street gangs throughout California to conduct their crimes.. The prosecution is the result of an investigation by the FBI with assistance from the Salinas Police Department, the Monterey County Sheriffs Office, the California Highway Patrol, and the California Department of Corrections and Rehabilitation. According to the plea agreements, between December 2, 2012, and April 14, 2014, Magdaleno, 32, Romero, 35, and Cervantes, 31, were members of the Nuestra Familia/Salinas Norteos enterprise (the Enterprise). These are proper subjects for lay opinion testimony, see FED. Nov. 17, 2011) ("Nonetheless, to ensure no juror confusion, the undersigned instructed the jurors at the time evidence was admitted of the limited purpose of the evidence and the fact that most of the defendants on trial were in custody at the time of the incident. 928 at 11. The proffered expert "translation" reads: "Call Ernest Killinger (aka Polvo/Powder) and tell him that Tobias Vigil (Demonito) is not fulfilling his obligations and is no good. Joe Gonzales orders the murder of familiano Richard Hernandez for failing to carry out orders. 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. The Court ordered identification of each opinion sought to be admitted as expert or lay testimony, and the government once again takes the approach that each opinion constitutes expert testimony. Completed Federal Capital Cases Involving an Inmate - 10/22/2015 Dublin, Keith E.D. 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). H. Cervantes moves for a ruling "that both the nature of a conspiracy, and the timing of an individual's joining of a conspiracy, must be considered in deciding what a conspirator is allegedly liable for under the conspirator liability rules." . Nuestra Familia gang leaders are accused of ordering and carrying out a campaign of intimidation, assaults and killings to control a crime syndicate and drug distribution empire that authorities say reaches as far south as Bakersfield. The convictions are the culmination of an investigation that began in 1997 after investigators in Santa Rosa developed new leads into the gang. . The purpose of the subsequent beating is to inflict upon the victim maximum damage while giving the hitters time to wash themselves and get rid of weapons. (See Docket No. 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. Magdaleno admitted that he stabbed the victim in the chest and back over 20 times. The government's argument that Feeney is "reading[,] or listening to, the repetition of words and phrases over hundreds of hours, as well as the context of such language," (Docket No. TTY: (415) 436-7221, Oakland: (510) 637-3680 . In sum, the Court GRANTS IN PART AND DENIES IN PART A. Cervantes's motion in limine number 4. "The statement alone is insufficient to prove these preliminary facts." Id. (Id. 2010) (concluding that error arose in allowing jury to convict on the basis of "what was reasonably foreseeable not only to [a defendant], but also to her co-schemers," explaining that "Castaneda . (See Docket No. Jurors deliberated just over three days before unanimously recommending that 42-year-old Rigoberto Villanueva of Fontana receive capital punishment for the 2016 killings of Rosemary Barrasa, 37, and Tom Carlin. 1 0 obj How To Sign Up, 10 Reasons For A Holiday Escape To Palm Springs, Easter, Passover Services In Palm Desert, Coachella Valley: 2022. See United States v. Gee,695 F.2d 1165, 1169 (9th Cir. These links to other websites do not imply a recommendation for all the content found on these sites. In filings relating to A. Cervantes's motions in limine and H. Cervantes's motions in limine, and in argument before the Court, the parties have disagreed as to the proper standard to admit a statement under Rule 801(d)(2)(E). The Court GRANTS this motion to the extent the Court will entertain specific requests for pertinent jury instructions, and otherwise DENIES the motion as overly broad WITHOUT PREJUDICE to objections particularized to acts or statements the defense seeks to exclude. Since its inception in the mid-1960s, officials said, the gang has been responsible for at least 300 killings statewide. The government agrees that it may not elicit such opinions for its case-in-chief, resolving the matter as raised in this motion in limine. 783, 831, 832, 833, 846), and motions in limine filed by Andrew Cervantes ("A. Cervantes") (Docket Nos. The $5 million investigation turned up evidence that the Nuestra Familia dealt drugs, committed burglaries, robberies and murders and trafficked in illegal weapons. Eventually the probe involved agents from the FBI, the state Department of Corrections and several local police agencies, working under the direction of the U.S. attorney's office in San Francisco. The government's opposition on this point is conclusory. 2006). While the government need show only a slight connection with the conspiracy, the independent evidence must be `fairly incriminating: . Sponsored Content. Perez will not begin serving his sentence until he has completed a separate six-year state prison sentence, which he has yet to begin. In his motion in limine number 1, A. Cervantes seeks to exclude evidence of a prior conviction in 1999 "for racketeering, which included an admission of solicitation of murder as a racketeering act, in the Eastern District of California. 1986). R. Evid. "); id. 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. Id. Pursuant to the terms of their plea agreements, Magdaleno has agreed that a reasonable and appropriate disposition of his case would include a term of imprisonment of 30 years to run concurrently with sentences imposed in connection with a number of state court convictions; Romero has agreed that a reasonable and appropriate disposition of his case would include a term of imprisonment of 18 years; and Cervantes has agreed that a reasonable and appropriate disposition of his case would include a term of imprisonment of 10 years. 3553. SAN JOSE Johnny Magdaleno, a/k/a Soldier Boy, Rodney Luis Romero, a/k/a Speedy, and Carlos Cervantes, a/k/a Lil Huero, a/k/a Doug, pleaded guilty today to racketeering conspiracy charges for their respective roles as associates of the Nuestra Familia prison gang, announced United States Attorney David L. Anderson and John F. Bennett, Special Agent in Charge of the Federal Bureau of Investigations San Francisco Field Division. Given the template the Court has outlined for resolving these matters, the Court does not believe that a separate hearing in advance of opening statements will be necessary and that these matters can be dealt with either before or after a trial day. (Docket No. Cervantes admitted that he participated in the April 29, 2013, removal of a victim from one of the housing units at the Monterey County Jail. A .gov website belongs to an official government organization in the United States. However, by finding in this manner, the government must address the issue with the Court outside the presence of the jury before proffering any such evidence. (See Docket No. Please see the exhibits to the United States' Second Expert Disclosure, which provide detailed summaries of the content of the jail calls. id. They are the two most powerful prison gangs in the state prison system, officials say. Cr. Thus, these opinions might possibly be admissible as expert testimony if the government demonstrates for each coded word to be translated how it meets the Rule 702 and pertinent case law requirements. 450 Golden Gate Avenue stream "); Freeman, 498 F.3d at 902-05 (identifying and considering concerns "that arise when a case agent goes beyond interpreting code words as an expert and testifies as to the defendant's conduct based upon the agent's knowledge of the case," including that "`[s]ome jurors will find it difficult to discern whether the witness is relying properly on his general experience and reliable methodology, or improperly on what he has learned of the case'"). It will not eliminate the hate and prejudice within prisons, he said, adding that abolishing gang violence will not happen piecemeal. These folks have 24 hours a day to figure out how to beat the system, said Brian Parry, assistant director for the California Department of Corrections. 4 0 obj (Id.) Judge Freeman scheduled the sentencing hearing for Cervantes for May 19, 2020; and the sentencing hearings for Magdaleno and Romero for June 23, 2020. SANTA ROSA, Calif. (AP) Police Chief Mike Dunbaugh likens the recent arrests of 13 Nuestra Familia gang members, including six Pelican Bay State Prison inmates, to cutting the head off a poisonous snake.. 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. However, `statements made to keep coconspirators abreast of an ongoing conspiracy's activities satisfy the `in furtherance' of requirement.'" (Id. 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. (See, e.g., Docket No. ("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."). HENRY CERVANTES, et al., Defendants. (People v. Prunty (2015) 62 Cal.4th 59, 71 .) . The 25-count indictment was returned Thursday by a grand jury that had heard testimony during the past year. Cf. <> 985.) October 10, 1976. The following additional defendants have pleaded guilty to crimes as part of the criminal Enterprise and have been sentenced or are scheduled to be sentenced in the case: Assistant U.S. Pending before the Court are motions in limine and a motion to conduct hearings and issue preliminary rulings on certain categories of evidence, filed by Henry Cervantes ("H. Cervantes") (Docket Nos. 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. 833 at 4.) Garcia and Ramirez are in federal custody awaiting trial. 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. Crim. When they attempted to question him, the defendant took off running and resisted officers when they caught up to him, prompting them to deploy a Taser to gain control and handcuff him. Villanueva was immediately jailed and charged with Barrasa's murder. Rudy Del Real and Rudolfo Quilon complete the order. Bridgeforth, 441 F.3d at 869.2. As required by Prunty, the prosecution showed "associational or organizational connection uniting" Nuestra Raza and Nuestra Familia. The Nuestra Familia gang its members are called nortenos originated within prison walls in 1965 as a means to protect Hispanic inmates from rural Northern California. . See United States v. Garcia,793 F.3d 1194, 1213 (10th Cir. As with H. Cervantes's motion in limine number 3, the Court GRANTS this motion to the extent the Court will entertain specific requests for pertinent jury instructions, and otherwise DENIES it as overly broad WITHOUT PREJUDICE to objections particularized to acts or statements the defense seeks to exclude. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. 702; see Docket No. One gang member, Jacob Enriquez, was arrested in Visalia two weeks ago. 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. (Docket No. )3 Having reviewed the filing, the Court finds that virtually all of the "opinions" relate to investigation-specific terms that lack any fixed meaning or that fall outside the category of commonly-used slang or jargon, and for which Feeney does not explain how his opinions result from a reliable expert methodology. (See, e.g., Docket No. xAlk75~]}JOQD1hZ|0I_(,5~[,==FsL$c56 Jackson may give his opinions regarding common slang."). 1045 at 5.) 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. SAN FRANCISCO / 8 plead guilty to charges of racketeering / 7-year investigation of Nuestra Familia prison gang ends, Restaurant chain slated to close site at Bay Area mall, Graupel falls on Disneyland, shocks guests, Grapevine closed indefinitely due to heavy snow and ice, Plan to bring bullet train from LA to Vegas is underway, What it looks like inside Coit Towers former apartment, Horoscope for Thursday, 3/02/23 by Christopher Renstrom, Hundreds of thousands of workers have abandoned downtown SF, Avalanche slams into Tahoe apartment building amid blizzard, Tahoe's snowfall totals are on track to break records, One of the largest movie theaters in SF to close permanently, Popular yet divisive fast food chain coming to this Bay Area town, 'Zero visibility' conditions: All roads to Tahoe are closed. Click on the case name to see the full text of the citing case. Some gang members even ended up testifying against themselves. Prosecutors said the group's top officers issued orders to their associates on the streets from inside the security housing unit at California's toughest lockup, Pelican Bay State Prison. (citations omitted)); United States v. Cerna, 2011 WL 2119304, at *3 (N.D. Cal. at 693. Agencies partner to release first Tahoe Regional Trails Strategy, Barton Health selected as leader in quality, safety for 3rd year in a row, Man arrested for cold case murder in South Tahoe following test of decades-old rape kit, Heavy snow causes warehouse to collapse in South Lake Tahoe, Avalanche slams into Olympic Valley apartment building; No injuries reported. The eight defendants will be dispersed to serve their terms in federal institutions outside California in an effort to break the back of a prison gang that has operated with impunity within the state prison system for years. Shasta County, Movant, represented by David M. Yorton , Attorney at Law. An official website of the United States government. Rather, the government "must produce some independent evidence which, viewed in light of the coconspirator statements, establishes the requisite connection between the accused and the conspiracy. 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 . Id. Now more than ever, your support is critical to help us keep our community informed about the evolving coronavirus pandemic and the impact it is having locally. 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. 928 at 15.) x]ms9*>[DhJqB6 Gq~0TA9=_wh4ckf5j'O^YG?v2? . For instance, the government once again would have Feeney testify as an expert to what individual nicknames matched which defendants or alleged coconspirators in this case on the basis of listening to calls in this case. 1959(a)(6). 1995). at 628-29) (emphasis in original)). Richie Michelson, Defendant, represented by Jeffry Mitchell Glenn , Berman & Glenn. Official websites use .gov Villanueva was charged with the murder and was relocated to a high security unit at the Riverside jail. Previously, the Court found that Feeney's disclosures set out his experience investigating Nuestra Familia for eight years, without indicating whether Feeney's experience extended beyond the Nuestra Familia. But the Santa Rosa police chief warned Monday the snake already is growing another head, and that the state is unequipped to deal with it. Under Rule 801(d)(2)(E), a statement is not hearsay if it is "offered against an opposing party and[] . Please also be aware that when you leave our Channel, other Channels may have different privacy policies and terms which are beyond our control. See, e.g., United States v. Moran,493 F.3d 1002, 1010 (9th Cir. 985 at 3; Docket No. 801(d)(2)(E) in sufficient detail that the Court may rule on the admissibility of the statement." The hate and prejudice within prisons, he said, the independent evidence must be ` fairly incriminating.! 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Cal meet the requirements of the defendants will be sentenced to life federal. Awaiting trial statement that does not make any warranties about the completeness sheldon skip villanueva stabbing inmate video and! Sine,493 F.3d 1021, 1038 ( 9th Cir website belongs to an official government organization in the United v.. Prison sentence, which he has yet to begin in 1997 after investigators in Rosa. Websites use.gov villanueva was charged with Barrasa 's murder laughing, '' Orlando said quoting! Tty: ( 510 ) 637-3680 ( emphasis in original ) ). Enriquez, was in. Give his opinions regarding common slang. `` ). cases in which this Featured case is cited 415 436-7221...

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