"It remains to be seen ultimately whether this prosecution was warranted, " Breyer said. Two of them, Rico Smiley Garcia, a gang member from Windsor and his alleged accomplice, Ceasar Lobo Ramirez, were charged with a 1998 assassination of gang leader Michael Mikeo Castillo. 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. . d. All statements made by Andrew Cervantes, Sheldon Villanueva, Alberto Larez, Henry Cervantes, Fernando Rangel and others in jail calls, itemized, transcribed and produced to you, as de-coded by John Feeney. (See Docket No. These links to other websites do not imply a recommendation for all the content found on these sites. (See Docket No. 832 at 1-2.) 2 0 obj (quoting United States v. Benson,941 F.2d 598, 605 (7th Cir. October 10, 1976. (See Docket No. United States District Court, N.D. California. 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. 1045 at 4-5.) The stabbing was allegedly planned in retaliation for an alleged theft of one shoe. (See Docket No. 1986). Have him hit, stabbed, killed." (quoting United States v. Sine,493 F.3d 1021, 1038 (9th Cir. 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.. 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. . There are mature, veteran gang members directing street gangs throughout California to conduct their crimes.. . 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. 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." 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." Romero also admitted to helping plan two other removals on April 29 and October 23, 2013. Norteo gang members pledge their allegiance and loyalty to Nuestra Familia and are instructed on its rules, rituals, and obligations. United States v. Mouzin,785 F.2d 682, 692 (9th Cir. 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. at 628-29) (emphasis in original)). 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. 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. Also, previously, this Court excluded "opinions identifying specific individuals holding positions in Nuestra Familia . 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. ("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." Both the victim and all defendants are black. Your financial contribution supports our efforts to deliver quality, locally relevant journalism. Id. Henry Cervantes, Defendant, represented by John Timothy Philipsborn , Attorney at Law. 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. 801(d)(2)(E). It has to be done with law enforcement coming together throughout California.. Shasta County, Movant, represented by David M. Yorton , Attorney at Law. The indictments cap a three-year, $5 million undercover investigation code-named Operation Black Widow. 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"). Richie Michelson, Defendant, represented by Jeffry Mitchell Glenn , Berman & Glenn. Magdaleno also admitted that he orchestrated and participated as the hitter in the February 25, 2013, removal of a victim from the jail. . Within a week of her leaving, Villanueva went searching for the victim and arrived in the Inland Empire on May 7. Under Rule 801(d)(2)(E), a statement is not hearsay if it is "offered against an opposing party and[] . 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. The crimes listed in last weeks indictment were planned and carried out primarily by prisoners in the toughest section of Pelican Bay. "`[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.'" Judge Freeman scheduled the sentencing hearing for Cervantes for May 19, 2020; and the sentencing hearings for Magdaleno and Romero for June 23, 2020. R. EVID. As required by Prunty, the prosecution showed "associational or organizational connection uniting" Nuestra Raza and Nuestra Familia. 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. Cf. Fed. See Sheldon 's Criminal Record. How To Sign Up, 10 Reasons For A Holiday Escape To Palm Springs, Easter, Passover Services In Palm Desert, Coachella Valley: 2022. e. Riverside County Superior Court Judge Mac Fisher scheduled a sentencing hearing for Sept. 20 at the Riverside Hall of Justice. However, `statements made to keep coconspirators abreast of an ongoing conspiracy's activities satisfy the `in furtherance' of requirement.'" Thus: "`due process constrains the application of Pinkerton where the relationship between the defendant and the substantive offense is slight,' and . "The defendant expressed that Barrasa had his heart, which Barrasa responded to by laughing," Orlando said. Romero was also charged with attempted murder in aid of racketeering, in violation of 18 U.S.C. People v. Prunty Supreme Court of California. knowingly participated in a conspiracy." (See id. Federal Courthouse 2014); United States v. Freeman,498 F.3d 893, 902 (9th Cir. 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 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. xAlk75~]}JOQD1hZ|0I_(,5~[,==FsL$c56 R. Evid. (Docket No. On September 27, 2018, a federal grand jury indicted Magdaleno, Romero, Cervantes, and several other defendants with racketeering conspiracy, in violation of 18 U.S.C. Romero admitted that he approved the February 25, 2013, removal of a victim from one of the housing units of the Monterey County Jail. Bridgeforth, 441 F.3d at 869.2. . Villanueva was charged with the murder and was relocated to a high security unit at the Riverside jail. California Highway Patrol officers encountered Villanueva a quarter- mile west of the scene, walking in the freeway center median. 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."). The Ninth Circuit has recognized Mouzin's application outside the context of drug ledgers. 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. Thus, the Court GRANTS the motions WITHOUT PREJUDICE to future motions if pertinent to a rebuttal. Daniel Perez, 42, Alberto Larez, 36, and Henry Cervantes, 40, will receive 10-year sentences. Decoud, 456 F.3d at 1014 n.6. . 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. 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.") Please also be aware that when you leave our Channel, other Channels may have different privacy policies and terms which are beyond our control. Villanueva is a high ranking member of the Nuestra Familia prison gang who is currently housed in Florence ADX. United States v. Osazuwa,564 F.3d 1169, 1176 (9th Cir. 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. Sponsored Content. <> Andrew F. Cervantes, Defendant, represented by K. Alexandra McClure , Law Offices of Alexandra McClure. . They are the two most powerful prison gangs in the state prison system, officials say. Feeney also translates the words, "Take care of her things to do list for the summer," to mean "Hit (kill) Demon." 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. "Rule 702 requires district courts to assure that an expert's methods for interpreting the new terminology are both reliable and adequately explained." Theyre very creative.. The 25-count indictment was returned Thursday by a grand jury that had heard testimony during the past year. This order terminates Docket Nos. 2007)). 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. '$I6ysphgH0y2&r.B9td?y?86bpDC78v:7xuz0S,}2]x(x/QNWt&{jE% 3\= Qh.%9B.N@>[email protected] 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. TTY: (415) 436-7221, Oakland: (510) 637-3680 The Court next addresses the specific arguments regarding the exclusion of the home address associated with Karen Bauer. . 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. Further, basic statements of law stemming from Pinkerton v. United States,328 U.S. 640 (1946) are not in dispute. shark iq robot error code 26, Loyalty to Nuestra Familia your financial contribution supports our efforts to deliver,! 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