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. Castaneda, 16 F.3d at 1507. Mug Shot for Sheldon Villanueva booked into the Multnomah county jail. 1959(a)(6). Escape to Long Beach, Washington before the summer crowds, Your Privacy Choices (Opt Out of Sale/Targeted Ads). 2015) (citing Mouzin in the context of purported Rule 801(d)(2)(E) statements made by "unidentified telemarketers"). )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. In Decoud, for instance, "the expert gave a lengthy explanation of how he interpreted `diznerty' based on his understanding of a common speaking style . (See Docket No. Barrasa left the property at the end of April 2016, heading to Fontana to stay with a friend. Others who were convicted earlier in the probe include Luis "Roach" Aroche, the regional commander of the Nuestra Familia in San Francisco, and Sheldon "Skip" Villanueva, a captain of the gang in San Jose. "The defendant expressed that Barrasa had his heart, which Barrasa responded to by laughing," Orlando said. 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. Alberto Larez, Defendant, represented by Brian H. Getz , Law Offices of Brian H Getz. ("In establishing liability for the conspiracy charge, the circuit courts generally find conspirator liability for acts committed by co-conspirators both prior to, as well as during the defendant's participation." An official website of the United States government. "It remains to be seen ultimately whether this prosecution was warranted, " Breyer said. 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. (quoting Robert R. Arreola et al., Federal Criminal Conspiracy, 34 Am.Crim.L.Rev. 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. 2015) ("[I]f `[t]he jury [is] every bit as qualified to analyze' a piece of mundane evidence as the purported expert, the expert provides no added value on which to be cross-examined." (PARADIGMMEDIA) Unplugged, does not make any warranties about the completeness, reliability and accuracy of this information. 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. Inmates sneak out handwritten coded letters, or micro-writings, often transcribed and forwarded by their spouses and girlfriends and sometimes disguised as legal mail. Inside prisons and local jails, all members and associates of Nuestra Familia and Norteos work together to maintain the structure and follow the rules of the Enterprise. 928 at 15.) 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. 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. xAlk75~]}JOQD1hZ|0I_(,5~[,==FsL$c56 1994) (citing Gee to distinguish between impermissible admission of coconspirator statements to show a defendant's participation in a conspiracy and admission of such statements for separate purposes). It has to be done with law enforcement coming together throughout California.. (Docket No. N.D. Cal. At the time of this call Sanchez was also the appointed Regimental Commander for the San Jose regiment and was functioning under the direction of the leadership in Pelican Bay. 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. These are proper subjects for lay opinion testimony, see FED. 2006) (footnote omitted); see United States v. Gil,58 F.3d 1414, 1420 (9th Cir. (See, e.g., Docket No. Finally, as noted above, the statement must be in furtherance of a particular conspiracy. December 12, 1976. Gang rules and discipline are maintained by assaulting and threatening those individuals who violate the rules or pose a threat to the organization. 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 . 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. 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. In sum, the Court GRANTS IN PART AND DENIES IN PART A. Cervantes's motion in limine number 4. 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. It's their reputation at stake." Magdaleno admitted that he stabbed the victim in the chest and back over 20 times. . 1045 at 4.). stream 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. subject to the requirements of Federal Rule of Evidence 701," Vera, 770 F.3d at 1242; see also Gadson, 763 F.3d at 1210. "(But) it appears to the court at this point that this disposition (of the cases) makes sense -- and that, in fact, it is the only disposition that would have made sense, given the situation.". Sponsored Content. 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.. 450 Golden Gate Avenue Further, "before a statement is that of a `co-conspirator' there must be independent proof of the defendant's and the declarant's status as members of the same ongoing conspiracy. 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. 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. 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. In motion in limine number 2, A. Cervantes seeks to exclude evidence of a variety of incidents that occurred before 2004. Its about drugs, crime and victimization.. Henry Cervantes, Defendant, represented by John Timothy Philipsborn , Attorney at Law. "And by convicting 70 Nuestra Familia street members who were active in Northern California communities, we have rolled back the gang's operations on the streets.". 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. 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. Second, A. Cervantes requests a hearing to determine the admissibility of individual opinions and Feeney's methodology and, in the alternative, moves to exclude proffered opinions from Feeney that the government in its numbered expert opinion filing characterizes as expert testimony under Rule 702, but which could not meet the requirements of that rule and Ninth Circuit case law on expert "translations.". 801(d)(2)(E) in sufficient detail that the Court may rule on the admissibility of the statement." The crimes listed in last weeks indictment were planned and carried out primarily by prisoners in the toughest section of Pelican Bay. 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 . Click on the case name to see the full text of the citing case. (See Docket No. Id. (Id.) Any action you take upon the information you find on this channel (PARADIGMMEDIA) is strictly at your own risk. California Highway Patrol officers encountered Villanueva a quarter- mile west of the scene, walking in the freeway center median. 3 0 obj Federal Courthouse October 10, 1976. See United States v. Lloyd,807 F.3d 1128, 1155 n.8 (9th Cir. Listed below are those cases in which this Featured Case is cited. 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. Vera, 770 F.3d at 1241. 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. var obConfig = { footer: '' }; Bookmarks are saved to your account and can be accessed from any device. 833 at 4.) 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. Cf. He is not welcome in the prisons. 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. 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. 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. The 25-count indictment was returned Thursday by a grand jury that had heard testimony during the past year. This war is about power, control and money. Judge Freeman scheduled the sentencing hearing for Cervantes for May 19, 2020; and the sentencing hearings for Magdaleno and Romero for June 23, 2020. or the fact of occurrences tied to Nuestra Familia. United States District Court, N.D. California.https://leagle.com/images/logo.png. Garcia and Ramirez are in federal custody awaiting trial. This order terminates Docket Nos. 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 He did, however, express concern the arrests may cause rival gang members to intensify their activities. Please see the exhibits to the United States' Second Expert Disclosure, which provide detailed summaries of the content of the jail calls. . 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." 985 at 37, Opinion Number 553.) While the government need show only a slight connection with the conspiracy, the independent evidence must be `fairly incriminating: . Perez will not begin serving his sentence until he has completed a separate six-year state prison sentence, which he has yet to begin. with id. The guilty pleas were accepted by the Honorable Beth L. Freeman, United States District Judge. 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. Magdaleno also admitted that he orchestrated and participated as the hitter in the February 25, 2013, removal of a victim from the jail. (See Docket No. United States District Court, N.D. California. California Department of Corrections and Rehabilitation, Movant, represented by Michael Joseph Gonzales Lagrama , California State Attorney General's Office. Theres a war occurring in our communities in California, Dunbaugh said. 2013, defendant Carlos Cervantes, aka "Lil Huero" and "Doug," stabbed and slashed the victim's head . 2006). (quoting Arreola, 34 Am. 2014); United States v. Vera,770 F.3d 1232, 1241 (9th Cir. 1995). endobj Villanueva also conveyed to the same inmate that he wanted to "choke" Carlin. 1045 at 3) does not suffice. (citations omitted). 1983) ("Statements of alleged co-conspirators made before the time it can be shown by independent evidence that [a defendant] had joined the conspiracy are not admissible to show his participation. United States v. Bridgeforth,441 F.3d 864, 869 (9th Cir. . 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. 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. 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." 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. 97 CR 357 Authorization not requested by USA the stabbing of a Lorton, VA, prison inmate by two inmates - Dublin and Dickerson. Id. Investigators infiltrated the gang with an undercover law enforcement agent and two informants and made surreptitious video and sound recordings of gang members plotting crimes. Finally, with regard to conspiracy liability, if the government seeks to admit coconspirator statements made prior to H. Cervantes's entry into a charged conspiracyproven by independent evidencethen any purposes for which the jury may consider any such statements must be limited. 928 at 8-11; United States v. Gadson,763 F.3d 1189, 1210 (9th Cir. See, e.g., United States v. Moran,493 F.3d 1002, 1010 (9th Cir. (See Docket No. 2002)); see also United States v. Williams, 2016 WL 899145, at *8 (N.D. Cal. 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. ." 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. Voices for Children CASA Volunteer Information Session! 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." Sanchez is living at the home with Peggy and is in a relationship with her daughter Coco. 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. 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. Your financial contribution supports our efforts to deliver quality, locally relevant journalism. 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. 2008). "`[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.'" (Id. 832 at 1-2.) Id. Also, previously, this Court excluded "opinions identifying specific individuals holding positions in Nuestra Familia . The rival Mexican Mafia its members are called surenos is made up of Hispanic prison members from Southern California. (Id.) Magdaleno, Romero, and Cervantes were also charged with conspiracy to commit murder in aid of racketeering, in violation of 18 U.S.C. If they comply with their plea agreements, the additional charges will be dismissed at sentencing. (Docket No. 801(d)(2)(E). 456 Followers, 1,867 Following, 812 Posts - See Instagram photos and videos from Sheldon Villanueva (@sheldonvillanueva) L. Rev. 1024 at 4 (some quotation marks omitted).) Show more. It will not eliminate the hate and prejudice within prisons, he said, adding that abolishing gang violence will not happen piecemeal. ) or https:// means youve safely connected to the .gov website. 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. He was paired with Carlin in Housing Unit 17 at the Smith Correctional Facility. 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Dunbaugh said California, Dunbaugh said stay with a friend back over times. Maintained by assaulting and threatening those individuals who violate the rules or pose a threat to the same inmate he... To Fontana to stay with a friend individuals who violate the rules or pose a threat to the.! Is strictly at your own risk exclude evidence of a particular conspiracy prisons he! Prison sentence, which Barrasa responded to by laughing, '' Orlando said agreements the! Timothy Philipsborn, Attorney at Law, does not make any warranties about the completeness, reliability and accuracy this.