Accordingly, the Court declines to address the merits of the parties' arguments with regard to whether the evidence at issue in these motions would be admissible outside the government's case in chief as premature. (4) A second Discovery Letter of August 21,2015 disclosing its intention to introduce at trial: (5) Disclosure Letter of August 26, 2015, including the following: (6) Disclosure Letter to Counsel for Andrew Cervantes of December 3, 2015, with all of the above information and the following disclosures: Listed below are the cases that are cited in this Featured Case. Under Rule 801(d)(2)(E), a statement is not hearsay if it is "offered against an opposing party and[] . He did, however, express concern the arrests may cause rival gang members to intensify their activities. In order to corroborate or refute this status, the litigants must know the identity of the declarant." California Department of Corrections and Rehabilitation, Movant, represented by Michael Joseph Gonzales Lagrama , California State Attorney General's Office. . There are mature, veteran gang members directing street gangs throughout California to conduct their crimes.. This proffered translation falls squarely within the rubric of one constituting "lay opinions about the meaning of intercepted phone calls, . Andrew F. Cervantes, Defendant, represented by K. Alexandra McClure , Law Offices of Alexandra McClure. The information and photos presented on this site have been collected from the . 801(d)(2)(E) in sufficient detail that the Court may rule on the admissibility of the statement." 2009) ("`Presenting a theory of the case that can be effectively rebutted by otherwise-inadmissible evidence,' we held, `does not by itself open the door to using such evidence; only partial, misleading use of the evidence can do so.'" 456 Followers, 1,867 Following, 812 Posts - See Instagram photos and videos from Sheldon Villanueva (@sheldonvillanueva) 783, 831, 832, 833, 846), and motions in limine filed by Andrew Cervantes ("A. Cervantes") (Docket Nos. Magdaleno, Romero, and Cervantes were also charged with conspiracy to commit murder in aid of racketeering, in violation of 18 U.S.C. 450 Golden Gate Avenue Charges #1 U.S. "`[V]ague and generalized' explanations are not sufficient; rather, the officer must explain how he applies his `knowledge to interpret particular words and phrases used in particular conversations.'" 4 0 obj 2006) (footnote omitted); see United States v. Gil,58 F.3d 1414, 1420 (9th Cir. Shortly before 2 a.m. on May 12, Barrasa's body was located in Villanueva's sedan, which appeared to have crashed on eastbound Interstate 10, near Tipton Road, in Whitewater. 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. 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. Also, previously, this Court excluded "opinions identifying specific individuals holding positions in Nuestra Familia . 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). As required by Prunty, the prosecution showed "associational or organizational connection uniting" Nuestra Raza and Nuestra Familia. . This order terminates Docket Nos. 1021 at 1.) 3553. (quoting United States v. Sine,493 F.3d 1021, 1038 (9th Cir. id. 901(b)(2), (5), and the district court did not abuse its discretion in concluding that Feeney's familiarity with the relevant voices and handwriting, even if limited, was sufficient 831 at 3.) 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. Sanchez is living at the home with Peggy and is in a relationship with her daughter Coco. The indictments cap a three-year, $5 million undercover investigation code-named Operation Black Widow. 1022 at 1-2.) 2013, defendant Carlos Cervantes, aka "Lil Huero" and "Doug," stabbed and slashed the victim's head . 1024 at 8. 2015) (citing Mouzin in the context of purported Rule 801(d)(2)(E) statements made by "unidentified telemarketers"). 2 0 obj %PDF-1.7 The Court already has held these types of opinions to be improper expert testimony. (Docket No. 833 at 4.) Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. The Court next addresses the specific arguments regarding the exclusion of the home address associated with Karen Bauer. Given the template the Court has outlined for resolving these matters, the Court does not believe that a separate hearing in advance of opening statements will be necessary and that these matters can be dealt with either before or after a trial day. Inmates sneak out handwritten coded letters, or micro-writings, often transcribed and forwarded by their spouses and girlfriends and sometimes disguised as legal mail. They have rights and we cant stop communications, he said. Norteo gang members pledge their allegiance and loyalty to Nuestra Familia and are instructed on its rules, rituals, and obligations. (Id. Shane Bowman, Defendant, represented by Julia Mezhinsky Jayne , Jayne Law Group, P.C.. Jaime Cervantes, Defendant, represented by Randy Sue Pollock , Attorney at Law. Both the victim and all defendants are black. 1986). . Ex2]z)IxjB,&,EQf5N_p$x(nP{y)L1Mk U$WgVV,t$xQO].6Gn%lW Z[L&[S~;lCkwB%3t:83](R=}G|~,XhmrBk$n-{KKql~2 :EqaJ.Rv5. 985 at 3; Docket No. The Court may do so within the confines of the time afforded for trial and outside the presence of the jury. 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. . 801(d)(2)(E). HENRY CERVANTES, et al., Defendants. To fall within this coconspirator exception, "the following preliminary facts must be shown: (1) there was a conspiracy, (2) the defendant and the declarant were participants in the conspiracy, and (3) the statement was made by the declarant during and in furtherance of the conspiracy." at 8-12. Fed. United States District Court, N.D. California.https://leagle.com/images/logo.png. If they comply with their plea agreements, the additional charges will be dismissed at sentencing. 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. The government's updated filing proffers five hundred seventy-six "coding" opinions. )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. Under current Ninth Circuit law, the Court would need to evaluate the remaining opinions under Rule 701. 2006). Cervantes acknowledged that immediately after the victim was stabbed, at least four bombers began punching and kicking the victim to allow Cervantes to escape being caught by guards with the stabbing weapon. Magdaleno also admitted that he orchestrated and participated as the hitter in the February 25, 2013, removal of a victim from the jail. See United States v. Gee,695 F.2d 1165, 1169 (9th Cir. v. Villanueva also conveyed to the same inmate that he wanted to "choke" Carlin. . The crimes listed in last weeks indictment were planned and carried out primarily by prisoners in the toughest section of Pelican Bay. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. Further, basic statements of law stemming from Pinkerton v. United States,328 U.S. 640 (1946) are not in dispute. Villanueva is a high ranking member of the Nuestra Familia prison gang who is currently housed in Florence ADX. 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. Your donation will help us continue to cover COVID-19 and our other vital local news. See Hermanek, 289 F.3d at 1095 n.7. Click the citation to see the full text of the cited case. The Court agrees with arguments during hearings on this motion that it would be incorrect to accept the proposition that "`under the general law of conspiracy, if you join an ongoing conspiracy, you're responsible for everything that went on before it.'" An official website of the United States government. 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. Magdaleno admitted that he stabbed the victim in the chest and back over 20 times. San Francisco, CA 94102, San Francisco: (415) 436-7200 "); United States v. Segura-Gallegos,41 F.3d 1266, 1272 (9th Cir. 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. (Docket No. Surveillance video shows inmate unaided after stabbing Post and Courier 14.1K subscribers Subscribe 30K views 3 years ago Allen Jerome Capers, 32, died after a Dec. 31, 2017 attack in a. . Each admitted to having participated in at least two homicides as part of his guilty plea. These links to other websites do not imply a recommendation for all the content found on these sites. The Ninth Circuit has recognized Mouzin's application outside the context of drug ledgers. This war is about power, control and money. 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. 783,7 831, 832, 833, 846, 1021, 1022, 1023, and 1024. i (1) 2nd Expert Disclosure Letter of August 17, 2015 with attachments: (2) Discovery Letter of August 21, 2015, enclosing the follow relevant documents: (3) Jail Letter Index of August 21, 2015. As addressed at the April 8, 2016 hearing, the government may not admit evidence of A. Cervantes's prior conviction or incidents that predate the time period to which the Court has limited the evidence in this case. Daniel Perez, 42, Alberto Larez, 36, and Henry Cervantes, 40, will receive 10-year sentences. [T]he evidence supported the finding that [the San Bruno ledger] was a statement made or adopted by Gil." 5dk*@WlLLOz(.CN8we3_/?:i}"(hG$ua +U4i. 1991)). Daniel Perez, 42, Alberto Larez, 36, and Henry Cervantes, 40, will receive 10-year sentences. It does not indicate whichif anywords in that call constitute commonly used slang or jargon, which words were newly heard by Feeney in this investigation, and, for the latter, what particular methodology he applied to translate each particular "coded" word. It's their reputation at stake." 985, Opinion 320 ("Karen Bauer is intermediary for letters t/from Cervantes and Villanueva. . 928 at 15.) December 12, 1976. 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. Rather, they appear to be terms the meaning for which Feeney seeks to discern from his investigation of the Nuestra Familia organization itself, and this case, in particular. Cf. 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. A lock ( at 1420 (noting evidence regarding the location of the ledgers, "entries [that] corresponded to surveilled activities," and attributions of deliveries to "a nickname associated with an established pseudonym for Gil"). 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. . 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. Riverside County Superior Court Judge Mac Fisher scheduled a sentencing hearing for Sept. 20 at the Riverside Hall of Justice. (Docket No. As the Court finds that only a small portion of the proffered opinions might be classified as expert and not investigatory, i.e., lay opinion, the Court need not conduct a separate hearing to address their admissibility at this time. ) or https:// means youve safely connected to the .gov website. 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. 3 0 obj 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. 1045 at 5.) 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. 928 at 11. If the parties collectively agree that more certainty is required on this front, the Court will entertain a joint request to conduct further proceedings on this issue in advance of trial. One inmate told sheriff's investigators that in the days leading up to Carlin's murder, Villanueva had suggested his cellmate was a child molester, even though the elder man was charged with felonious assault and making criminal threats -- not sexual offenses. Your financial contribution supports our efforts to deliver quality, locally relevant journalism. Cervantes admitted that he was the hitter for the removal and stabbed the victim in the head. 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. On their face, most of the opinions do not appear to constitute "commonly used" slang. While we strive to provide only quality links to useful and ethical websites, we have no control over the content and nature of these sites. 97 CR 357 Authorization not requested by USA the stabbing of a Lorton, VA, prison inmate by two inmates - Dublin and Dickerson. United States v. Garcia,497 F.3d 964, 967 n.1 (9th Cir. . Compare NF 544, 545 and NF 11190, 11191.").) 702; see Docket No. 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. 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. 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. In addition, "[t]o establish that the declarant knowingly participated in a conspiracy, `the government cannot rely solely on the [alleged] co-conspirator statements themselves.'" October 10, 1976. 2007) ("Statements made for personal objectives outside the conspiracy or as part of idle conversation are not admissible under Rule 801(d)(2)(E). Id. The Court addressed the law relative to this issue previously. Alberto Larez, Defendant, represented by Brian H. Getz , Law Offices of Brian H Getz. USA, Plaintiff, represented by Joseph Michelangelo Alioto, Jr. , U.S. Department of Justice, Jennifer R. Sykes , Department of Justice, Robert Steven Tully , U.S. Dept of Justice, Wai Shun Wilson Leung , United States Attorney's Office & William Frentzen , U.S. Attorney's Office, NDCA. 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. <>/OutputIntents[<>] /Metadata 340 0 R/ViewerPreferences 341 0 R>> 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. Among the necessary prerequisites to admitting a statement under this exception is that a "party's coconspirator" made the statement: "Before an alleged co-conspirator's statement can be admitted into evidence under Rule 801(d)(2)(E), the government must establish that the declarant . Several days later, he located Barrasa at her friend's residence. The Court now explains the standard that applies to each statement the government seeks to admit under the rule.1. It will not eliminate the hate and prejudice within prisons, he said, adding that abolishing gang violence will not happen piecemeal. 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. 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. Joe Gonzales orders the murder of familiano Richard Hernandez for failing to carry out orders. Attorneys Claudia A. Quiroz and Stephen Meyer are prosecuting the case. or the fact of occurrences tied to Nuestra Familia. 2007). For example, Magdaleno admitted that he orchestrated and participated as the hitter in the December 2, 2012, removal of a victim from the jail. (People v. Prunty (2015) 62 Cal.4th 59, 71 .) In their plea agreements, Magdaleno, Romero, and Cervantes admit to participating in the distribution of narcotics to other inmates at Monterey County Jail. (quoting Arreola, 34 Am. (See, e.g., Docket No. Although the Court declines to hold a Daubert hearing before trial because of the limited number of opinions that remain after this order, the Court will consider the admissibility of remaining opinions the government seeks to admit within the time afforded for trial outside the presence of the jury. a Pinkerton instruction would violate due process [in a case where there only was a] slight connection between [a] [defendant] and [a] conspiracy.'" . 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. Secure .gov websites use HTTPS A .gov website belongs to an official government organization in the United States. 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.
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