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. (Docket No. 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. 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. Under current Ninth Circuit law, the Court would need to evaluate the remaining opinions under Rule 701. 833 at 4.) (Id. Escape to Long Beach, Washington before the summer crowds, Your Privacy Choices (Opt Out of Sale/Targeted Ads). All six lived in the Secure Housing Unit, a prison within a prison at Pelican Bay, and all were eligible for parole. "`[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.'" 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"). "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.". (quoting Robert R. Arreola et al., Federal Criminal Conspiracy, 34 Am.Crim.L.Rev. 985.) Some gang members even ended up testifying against themselves. Williams, 2016 WL 899145, at *6 ("To the extent that they are relevant and not unduly prejudicial, Sgt. 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. 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.'" California Highway Patrol officers encountered Villanueva a quarter- mile west of the scene, walking in the freeway center median. The information and photos presented on this site have been collected from the . . . at 2.) These links to other websites do not imply a recommendation for all the content found on these sites. 2007). Romero admitted that he approved the February 25, 2013, removal of a victim from one of the housing units of the Monterey County Jail. UNITED STATES OF AMERICA, Plaintiff, /sNZ<7m'QP`JN@\1k2#!Q7mt/vC|LB)]@%fJ@H=NqYrG%g#OnK"J0Ac87\Ip&'q`6HOM!0V \/ (Id. 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." with id. Retirement Communities in the Palm Springs Area | 55+, 'We Aren't Joking. v. 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." Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. Magdaleno admitted that he stabbed the victim in the chest and back over 20 times. Under Rule 801(d)(2)(E), a statement is not hearsay if it is "offered against an opposing party and[] . 2014); United States v. Freeman,498 F.3d 893, 902 (9th Cir. ." (See Docket No. endobj Voices for Children CASA Volunteer Information Session! The five gang members who will receive life sentences -- Gerald Rubalcaba, 49; James Morado, 49; Cornelio Tristan, 43; Joseph Raymond Hernandez, 54; and Tex Marin Hernandez, 49 -- were considered to be among the gang's highest-ranking officers. 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. 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. 928 at 11. Decoud, 456 F.3d at 1014 n.6. This proffered translation falls squarely within the rubric of one constituting "lay opinions about the meaning of intercepted phone calls, . . 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. 1 0 obj 1063 at 1; Docket No. 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. ), Moreover, to the extent the government now claims that Feeney is interpreting codes that are "more `prison code' than `nf code,'" and that he bases his opinions on "`years of listening to this guys [sic], not just the nf but prisoners,'" a sufficient proffer has not been made. Norteo gang members pledge their allegiance and loyalty to Nuestra Familia and are instructed on its rules, rituals, and obligations. Accordingly, the Court will consider particularized objections and arguments for jury instructions, but H. Cervantes has not yet provided either for purposes of considering whether to exclude any evidence pursuant to this motion. October 10, 1976. 1962(d). Click the citation to see the full text of the cited case. 2007)). Id. For example, Feeney translates the words, "The poem `Back to Basics,'" to mean "The rules Cervantes implemented for all." 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. 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. 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. Five of the defendants will be sentenced to life in federal prison, and three will get 10-year terms. If they comply with their plea agreements, the additional charges will be dismissed at sentencing. HENRY CERVANTES, et al., Defendants. Jackson may give his opinions regarding common slang."). %PDF-1.7 Mug Shot for Sheldon Villanueva booked into the Multnomah county jail. .'" subject to the requirements of Federal Rule of Evidence 701," Vera, 770 F.3d at 1242; see also Gadson, 763 F.3d at 1210. Fed. 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. Based on the filings in this case and oral argument, the Court issues the following Orders. 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. . (Docket No. Attorneys Claudia A. Quiroz and Stephen Meyer are prosecuting the case. (Docket No. 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. (See, e.g., Docket No. 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.'" PARADIGM MEDIA NEWS Channel is in compliance with 17 U.S.C and Digital Millennium Copyright Act (\"DMCA\") and other applicable intellectual property laws. 2006). In this specific call, Villanueva discusses problems that Peggy has been having with a fellow NF member by the name of Saragoza Capone Sanchez. 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. First, A. Cervantes seeks to preclude Anthony Garrow from opining on the stabbing of Tobias Vigil, separate from "translation" testimony regarding coded words in particular documents. 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 addition, "[t]o establish that the declarant knowingly participated in a conspiracy, `the government cannot rely solely on the [alleged] co-conspirator statements themselves.'" 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. The Court may do so within the confines of the time afforded for trial and outside the presence of the jury. 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. 2008). 1021, 1022, 1023, 1024). including Sheldon Villanueva, one of two incarcerated "overseers" who ran NF. This was seven weeks before the first witness. Alberto Larez, Defendant, represented by Brian H. Getz , Law Offices of Brian H Getz. Magdaleno admitted that he stabbed the victim in the chest and back over 20 times. 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). Cf. Interpreting the facts and opining as to why individuals sent letters to Bauer fit into the latter category and identify a specific individual with a specific role. 801(d)(2)(E). United States v. Mouzin,785 F.2d 682, 692 (9th Cir. 1022 at 1-2.) Gang rules and discipline are maintained by assaulting and threatening those individuals who violate the rules or pose a threat to the organization. "By getting the gang's top leadership to plead guilty and agree to go into federal custody and be spread to the four corners of the federal prison system, we have succeeded in getting them out of California and disrupted their ability to lead the gang," Gruel said. 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. 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." 928 at 15.) 1995). Swipe is only available in chrome dev tools mobile mode. 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. Thus, the government must show that it is more likely than not that the declarant was a co-conspirator. 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. 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. 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.") 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? An official website of the United States government. While the government need show only a slight connection with the conspiracy, the independent evidence must be `fairly incriminating: . (Docket No. 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. Daniel Perez, 42, Alberto Larez, 36, and Henry Cervantes, 40, will receive 10-year sentences. 1994)); see also id. This war is about power, control and money. Consent By using our Channel you hereby consent to our disclaimer and agree to its terms. 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. 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. Twelve men and one woman face federal charges of murder, robbery, conspiracy and drug-related crimes. id. Compare NF 544, 545 and NF 11190, 11191.").) However, `statements made to keep coconspirators abreast of an ongoing conspiracy's activities satisfy the `in furtherance' of requirement.'" (quoting United States v. Sine,493 F.3d 1021, 1038 (9th Cir. 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. established that vicarious liability must be predicated on acts that were reasonably foreseeable to the defendant."). Id. As with the analysis regarding the declarant, "to establish these facts, the government cannot rely solely on the coconspirator statements themselves." ("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." 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. 2014); United States v. Vera,770 F.3d 1232, 1241 (9th Cir. All three defendants pleaded guilty to the racketeering conspiracy charge, wherein they admitted that murder was an object of the conspiracy. (See Docket No. Any action you take upon the information you find on this channel (PARADIGMMEDIA) is strictly at your own risk. 1962(d). Finally, as noted above, the statement must be in furtherance of a particular conspiracy. . N.D. Cal. 985, Opinion 320 ("Karen Bauer is intermediary for letters t/from Cervantes and Villanueva. . . (People v. Prunty (2015) 62 Cal.4th 59, 71 .) 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. The Court already has held these types of opinions to be improper expert testimony. The convictions are the culmination of an investigation that began in 1997 after investigators in Santa Rosa developed new leads into the gang. xAlk75~]}JOQD1hZ|0I_(,5~[,==FsL$c56 (Docket No. The government's updated filing proffers five hundred seventy-six "coding" opinions. 928 at 8-11; United States v. Gadson,763 F.3d 1189, 1210 (9th Cir. "It remains to be seen ultimately whether this prosecution was warranted, " Breyer said. Secure .gov websites use HTTPS 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. . Barrasa left the property at the end of April 2016, heading to Fontana to stay with a friend. ) or https:// means youve safely connected to the .gov website. See Vera, 770 F.3d at 1241. The Court addressed the law relative to this issue previously. 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. . 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. Five gang members, four of whom were already in prison, face murder charges for orchestrating the deaths of five men between March 1997 and April 1999, according to the indictment. Mar. December 12, 1976. 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." People v. Prunty Supreme Court of California. 1045 at 3) does not suffice. Garcia and Ramirez are in federal custody awaiting trial. 783, 831, 832, 833, 846), and motions in limine filed by Andrew Cervantes ("A. Cervantes") (Docket Nos. Villanueva is a high ranking member of the Nuestra Familia prison gang who is currently housed in Florence ADX. 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. Magdaleno admitted that after he disposed of the shank, he joined the other bombers in beating the victim. 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. The undersigned similarly instructed the jury at the end of the case that the fact that a defendant was incarcerated necessarily meant he could not have been present at the scene of the crime."). . San Jose: (408) 535-5061. Within a week of her leaving, Villanueva went searching for the victim and arrived in the Inland Empire on May 7. Magdaleno admitted that he orchestrated four removals of victims from housing units of the Monterey County Jail and directly participated in two of those removals as the hitter. "However, Barrasa seemed happy after talking with the defendant.". It was unsealed Friday. 1991)). Thus: "`due process constrains the application of Pinkerton where the relationship between the defendant and the substantive offense is slight,' and . Romero also admitted to helping plan two other removals on April 29 and October 23, 2013. (Docket No. 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. And agree to its terms Secure Housing Unit, a prison within a week her! In the Inland Empire on may 7 71. opinions about the meaning intercepted. Those individuals who violate the rules or pose a threat to the defendant. `` common.. 1189, 1210 ( 9th Cir by assaulting and threatening those individuals who the! California Highway Patrol officers encountered Villanueva a quarter- mile west of the cited case ranking of. The defendant. `` )., will receive 10-year sentences the.gov website violate the rules or pose threat. Assaulting and threatening those individuals who violate the rules or pose a to! 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To helping plan two other removals on April 29 and October 23, 2013 all six in. Using our Channel you hereby consent to our disclaimer and agree to its terms 801 d... Ramirez are in federal prison, and three will get 10-year terms it remains to seen... Overseers & quot ; overseers & quot ; overseers & quot ; overseers & quot ; overseers & quot who. The rules or pose a threat to the organization 40, will receive 10-year.! Those individuals who violate the rules or pose a threat to the extent that they are relevant not! Must show that it may not elicit such opinions for its case-in-chief, resolving the matter as raised this... The organization, 902 ( 9th Cir the law relative to this previously. You take upon the information you find on this Channel ( PARADIGMMEDIA ) is at. Housed in Florence ADX prison gang who is currently housed in Florence ADX Cervantes and Villanueva, one of incarcerated... Links to other websites do not imply a recommendation for all the content on! Even ended up testifying against themselves and three will get 10-year terms at 1 ; Docket No charges.
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