e. These links to other websites do not imply a recommendation for all the content found on these sites. (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. . Site owners and content may change without notice and may occur before we have the opportunity to remove a link which may have gone bad. Romero was also charged with attempted murder in aid of racketeering, in violation of 18 U.S.C. The government's opposition on this point is conclusory. Thus, the Court GRANTS the motions WITHOUT PREJUDICE to future motions if pertinent to a rebuttal. x]ms9*>[DhJqB6 Gq~0TA9=_wh4ckf5j'O^YG?v2? at 628-29) (emphasis in original)). . 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. (quoting Arreola, 34 Am. 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." 928 at 15.) Parry said Monday that changes in Corrections Department policy would be made, but he refused to provide details. 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. 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. 2006). (quoting Robert R. Arreola et al., Federal Criminal Conspiracy, 34 Am.Crim.L.Rev. Thus, the Court excludes expert testimony regarding the Bauer address under Rule 702. 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? 1022 at 1-2.) Have him hit, stabbed, killed." Within a week of her leaving, Villanueva went searching for the victim and arrived in the Inland Empire on May 7. . 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 . . "However, Barrasa seemed happy after talking with the defendant.". 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. The $5 million investigation turned up evidence that the Nuestra Familia dealt drugs, committed burglaries, robberies and murders and trafficked in illegal weapons. He is not welcome in the prisons. The government's disclosure stated, "At the Bureau of Prisons, Mr. Feeney's primary responsibility was to monitor gang activity, including activity of the Nuestra Familia." 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. 1991)). v. 1959(a)(3). The government's updated filing proffers five hundred seventy-six "coding" opinions. Compare NF 544, 545 and NF 11190, 11191.").) ("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."). 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.. 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). Finally, all of the remaining opinionsnot identified in the two paragraphs aboveare investigatory, or otherwise could not satisfy Rule 702's requirements because no translation is given or a given translation is the same as the phrase supposedly in code. 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. 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. How To Sign Up, 10 Reasons For A Holiday Escape To Palm Springs, Easter, Passover Services In Palm Desert, Coachella Valley: 2022. 1021, 1022, 1023, 1024). 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. 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. 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. The Court once again stresses the distinction between "sociologist describing the inner workings of a closed community" and "a chronicler of the recent past whose pronouncements on elements of the charged offense serve as shortcuts to proving guilt," United States v. Mejia,545 F.3d 179, 190 (2d Cir. % Santa Rosa gang investigators initially were tipped off by information received during their questioning of a Pelican Bay parolee. 702; see Docket No. In this specific call, Villanueva discusses problems that Peggy has been having with a fellow NF member by the name of Saragoza Capone Sanchez. 2007). Richie Michelson, Defendant, represented by Jeffry Mitchell Glenn , Berman & Glenn. For example,6 Opinion 517 reads: "Tell Polvo that Demonito is a waste of time and mom doesn't want her around the house, period." 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"). Some gang members even ended up testifying against themselves. San Jose: (408) 535-5061. 1959(a)(5), and assault with a dangerous weapon in aid of racketeering, in violation of 18 U.S.C. The government's exhibit list is understandably comprehensive and the defense's objections in this regard are DENIED. 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. knowingly participated in a conspiracy." Completed Federal Capital Cases Involving an Inmate - 10/22/2015 Dublin, Keith E.D. It was unsealed Friday. The eight pleaded guilty in San Francisco to charges of operating the prison gang as a racketeering enterprise. Official websites use .gov 2002)); see also United States v. Williams, 2016 WL 899145, at *8 (N.D. Cal. endobj Sanchez is living at the home with Peggy and is in a relationship with her daughter Coco. . Arrested on 09/14/05 for an alleged court offense . Magdaleno acknowledged that immediately after the victim was stabbed, two bombers began punching and kicking the victim to allow Magdaleno to escape being caught by guards with the stabbing weapon. 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. Further, the Court agrees that some of Feeney's purported translations attempt to cast as "code word" translation what in fact is the type of testimony about Nuestra Familia structure, Nuestra Familia rules, and individuals' roles in Nuestra Familia that the Court previously excluded. (Docket No. Id. 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. Villanueva was charged with the murder and was relocated to a high security unit at the Riverside jail. Joe Gonzales orders the murder of familiano Richard Hernandez for failing to carry out orders. 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. Click the citation to see the full text of the cited case. Some of the predicate offenses were committed by members of Nuestra Raza. HENRY CERVANTES, et al., Defendants. . ." In their plea agreements, Magdaleno, Romero, and Cervantes admit to participating in the distribution of narcotics to other inmates at Monterey County Jail. In Decoud, for instance, "the expert gave a lengthy explanation of how he interpreted `diznerty' based on his understanding of a common speaking style . Thus: "`due process constrains the application of Pinkerton where the relationship between the defendant and the substantive offense is slight,' and . Please see the exhibits to the United States' Second Expert Disclosure, which provide detailed summaries of the content of the jail calls. (August 17, 2015 Disclosure, Ex. The Court already has held these types of opinions to be improper expert testimony. (See Docket No. (See Docket No. Williams, 2016 WL 899145, at *6 ("To the extent that they are relevant and not unduly prejudicial, Sgt. For example, Magdaleno admitted that he orchestrated and participated as the hitter in the December 2, 2012, removal of a victim from the jail. Attorneys Claudia A. Quiroz and Stephen Meyer are prosecuting the case. 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 PARADIGM PROFILES | SHELDON "SKIP" VILLANUEVA | NARRATED BY JOHN "BOXER" MENDOZA PARADIGM MEDIA NEWS 31.7K subscribers 92K views 2 years ago https://www.patreon.com/PARADIGMMEDIA. October 10, 1976. Scores of other members and associates have pleaded guilty to charges arising from the investigation. The guilty pleas were accepted by the Honorable Beth L. Freeman, United States District Judge. See United States v. Lloyd,807 F.3d 1128, 1155 n.8 (9th Cir. Mug Shot for Sheldon Villanueva booked into the Multnomah county jail. Under Rule 801(d)(2)(E), a statement is not hearsay if it is "offered against an opposing party and[] . 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. United States District Court, N.D. California. <> No claims to the accuracy of this information are made. See United States v. Garcia,793 F.3d 1194, 1213 (10th Cir. 832 at 1-2.) (See Docket No. 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. 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. Cf. Your donation will help us continue to cover COVID-19 and our other vital local news. 1986). 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). 2013, defendant Carlos Cervantes, aka "Lil Huero" and "Doug," stabbed and slashed the victim's head . PARADIGM NEWS MEDIA has obtained dozens of other phone calls by some of the other high ranking NF leaders in ADX and these exclusive phone calls will be forthcoming in the near future. "Of course, identification of the declarant will not, by itself, establish a proper foundation unless the identified declarant is a co-conspirator whose assertions were made in furtherance of and in the course of the conspiracy." 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. 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. United States v. Garcia,497 F.3d 964, 967 n.1 (9th Cir. <> Swipe is only available in chrome dev tools mobile mode. 1045 at 5.) (See id. VA No. San Francisco, CA 94102, San Francisco: (415) 436-7200 In sum, the Court GRANTS IN PART AND DENIES IN PART A. Cervantes's motion in limine number 4. 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. However, the Court also recognizes that the conspiracy alleged is much broader than the defendants would like to admit. . They were so successful in persuading gang members to give evidence against their colleagues that had the case gone to trial, the government was prepared to have 24 former gang members and associates testify as prosecution witnesses. 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. 3 0 obj To request removal of your name from an arrest report, submit these required items to arrestreports@patch.com. . 831 at 3.) 456 Followers, 1,867 Following, 812 Posts - See Instagram photos and videos from Sheldon Villanueva (@sheldonvillanueva) Feeney also translates the words, "Take care of her things to do list for the summer," to mean "Hit (kill) Demon." Magdaleno acknowledged that immediately after the victim was stabbed, two bombers began punching and kicking the victim to allow Magdaleno to escape being caught by guards with the stabbing weapon. However, `statements made to keep coconspirators abreast of an ongoing conspiracy's activities satisfy the `in furtherance' of requirement.'" UNITED STATES OF AMERICA, Plaintiff, As required by Prunty, the prosecution showed "associational or organizational connection uniting" Nuestra Raza and Nuestra Familia. [T]he evidence supported the finding that [the San Bruno ledger] was a statement made or adopted by Gil." 1995). United States v. Osazuwa,564 F.3d 1169, 1176 (9th Cir. Id. And Feeney translates the words, "We all know how good her daughter can act when her parents are home, and that even Reesh has said how she is a little liar," to mean "Gang members will act correctly when the leaders are watching, but will disobey orders when no one is watching." Parry said its impossible to monitor every single letter, phone call and visit of every single inmate. According to prosecutors, the 6-foot, 2-inch, 300-pound defendant had been in a relationship with Barrasa in the late 1990s, and in the fall of 2015, he persuaded her to join him at his brother's residence in Salida, Northern California. This is an exclusive phone call that was obtained by PARADIGM NEWS MEDIA of a recoded phone call in ADX Super Max by Sheldon Skip Villanueva and a female associate by the name of Peggy. (See Docket No. Dunbaugh said additional arrests were likely, but he refused to elaborate. However, with respect to those alleged coconspirators not charged, e.g., Skip Villanueva, a sufficient proffer has not been made. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/StructParents 0>> 450 Golden Gate Avenue 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. Listed below are those cases in which this Featured Case is cited. Magdaleno also admitted that he orchestrated and participated as the hitter in the February 25, 2013, removal of a victim from the jail. a Pinkerton instruction would violate due process [in a case where there only was a] slight connection between [a] [defendant] and [a] conspiracy.'" Castaneda, 16 F.3d at 1507. See Sheldon 's Criminal Record. Daniel Perez, 42, Alberto Larez, 36, and Henry Cervantes, 40, will receive 10-year sentences. [a] summary of any statement the government intends to offer under F. R. Evid. United States District Court, N.D. California.https://leagle.com/images/logo.png. Id. The term removal refers to a violent attack designed to remove (from both the custodial housing unit and the gang itself) a member of the gang who committed a serious violation of the gangs rules. In particular, he seeks an order "directing the government to instruct its informant, law enforcement and Bureau of Prisons witnesses to not reveal the nature of Mr. Cervantes' prior conviction, as well as generally precluding testimony on the subject." stream 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. was made by the party's coconspirator during and in furtherance of the conspiracy." 2015) (citing Mouzin in the context of purported Rule 801(d)(2)(E) statements made by "unidentified telemarketers"). Members and associates of the Enterprise agreed to commit crimes such as murder, narcotics trafficking, and other acts of violence through a pattern of racketeering activity. (footnote omitted)); id. . The indictments cap a three-year, $5 million undercover investigation code-named Operation Black Widow. Escape to Long Beach, Washington before the summer crowds, Your Privacy Choices (Opt Out of Sale/Targeted Ads). (Docket No. 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."). . 617, 628-29) (emphasis in original). (Docket No. (Id. 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. A locked padlock 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. Romero admitted that he approved the February 25, 2013, removal of a victim from one of the housing units of the Monterey County Jail. 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. 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." PARADIGM MEDIA NEWS Unplugged, will not be liable for any losses and/or damages in connection with the use of our CHANNEL From our website, you can visit other websites by following hyperlinks to such external sites. One gang member, Jacob Enriquez, was arrested in Visalia two weeks ago. 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. Andrew F. Cervantes, Defendant, represented by K. Alexandra McClure , Law Offices of Alexandra McClure. An official website of the United States government. . 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. endobj Five of the defendants will be sentenced to life in federal prison, and three will get 10-year terms. 985 at 3; Docket No. Based on the filings in this case and oral argument, the Court issues the following Orders. A. Cervantes seeks an order directing the government to comply with Criminal Local Rule 16-1(c)(4), which states that "the government shall disclose . 928 at 13-16; id. Show more. This war is about power, control and money. 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. "The statement alone is insufficient to prove these preliminary facts." A removal is accomplished by having one or more hitters stab the victim and then having at least two bombers assault the target by punching and kicking the victim without weapons. 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.") 1 0 obj . ("While the local rule and the scheduling orders required advance notice/summaries of coconspirator statements, the purpose of the rule and the orders was to allow for adequate time for the parties to litigate the admissibility of the statements."). 833 at 4.) 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. This proffered translation falls squarely within the rubric of one constituting "lay opinions about the meaning of intercepted phone calls, . Gil, 58 F.3d at 1420; see also id. Romero also admitted to helping plan two other removals on April 29 and October 23, 2013. subject to the requirements of Federal Rule of Evidence 701," Vera, 770 F.3d at 1242; see also Gadson, 763 F.3d at 1210. Finally, as noted above, the statement must be in furtherance of a particular conspiracy. Furtherance of the cited case, Sgt for all the content found on these sites United States District Judge weapon. Or adopted by Gil. ] was a statement made or adopted by Gil. of U.S.C! Al., Federal Criminal conspiracy, 34 Am.Crim.L.Rev murder in aid of racketeering in! 10Th Cir ' O^YG? v2, 11191. '' ). 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