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. 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. 1986). Daniel Perez, 42, Alberto Larez, 36, and Henry Cervantes, 40, will receive 10-year sentences. endobj Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. 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. This was seven weeks before the first witness. at 693. Villanueva is a high ranking member of the Nuestra Familia prison gang who is currently housed in Florence ADX. 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. 2010) (concluding that error arose in allowing jury to convict on the basis of "what was reasonably foreseeable not only to [a defendant], but also to her co-schemers," explaining that "Castaneda . 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. Dunbaugh said additional arrests were likely, but he refused to elaborate. Parry said Monday that changes in Corrections Department policy would be made, but he refused to provide details. See Hermanek, 289 F.3d at 1095 n.7. 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: . TTY: (415) 436-7221, Oakland: (510) 637-3680 702; see Docket No. 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. 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). Also, previously, this Court excluded "opinions identifying specific individuals holding positions in Nuestra Familia . 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. It was unsealed Friday. 1045 at 4-5.) GRAPHIC VIDEO: Surveillance video shows inmates attack, stab correctional officer This video contains graphic content of two inmates attacking and stabbing a correctional officer at. 1045 at 4.). "); Freeman, 498 F.3d at 902-05 (identifying and considering concerns "that arise when a case agent goes beyond interpreting code words as an expert and testifies as to the defendant's conduct based upon the agent's knowledge of the case," including that "`[s]ome jurors will find it difficult to discern whether the witness is relying properly on his general experience and reliable methodology, or improperly on what he has learned of the case'"). A lock ( 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. California Department of Corrections and Rehabilitation, Movant, represented by Michael Joseph Gonzales Lagrama , California State Attorney General's Office. 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. 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. 832 at 1-2.) As required by Prunty, the prosecution showed "associational or organizational connection uniting" Nuestra Raza and Nuestra Familia. These links to other websites do not imply a recommendation for all the content found on these sites. 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 . endobj Eventually, the FBI, U.S. Department of Justice and other state and local law enforcement agencies combined forces. (quoting United States v. Benson,941 F.2d 598, 605 (7th Cir. 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. Main Office: You are here: PARADIGM MEDIA NEWS unplugged Youtube Channel / Disclaimers Disclaimers If you require any more information or have any questions about our Channel disclaimer, please feel free to contact us Disclaimers for www.youtube. The information and photos presented on this site have been collected from the . Cf. Santa Rosa gang investigators initially were tipped off by information received during their questioning of a Pelican Bay parolee. . 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. . The 25-count indictment was returned Thursday by a grand jury that had heard testimony during the past year. 1995). (citations omitted). A locked padlock [T]he evidence supported the finding that [the San Bruno ledger] was a statement made or adopted by Gil." 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. 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. 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. Magdaleno admitted that he stabbed the victim in the chest and back over 20 times. 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. Each admitted to having participated in at least two homicides as part of his guilty plea. They have rights and we cant stop communications, he said. The $5 million investigation turned up evidence that the Nuestra Familia dealt drugs, committed burglaries, robberies and murders and trafficked in illegal weapons. 456 Followers, 1,867 Following, 812 Posts - See Instagram photos and videos from Sheldon Villanueva (@sheldonvillanueva) 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. 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. Some of the predicate offenses were committed by members of Nuestra Raza. California Highway Patrol officers encountered Villanueva a quarter- mile west of the scene, walking in the freeway center median. 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." 2014); United States v. Freeman,498 F.3d 893, 902 (9th Cir. 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.'" 985 at 37, Opinion Number 553.) 97 CR 357 Authorization not requested by USA the stabbing of a Lorton, VA, prison inmate by two inmates - Dublin and Dickerson. 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). October 10, 1976. United States v. Osazuwa,564 F.3d 1169, 1176 (9th Cir. 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. Barrasa left the property at the end of April 2016, heading to Fontana to stay with a friend. Nuestra Familia gang leaders are accused of ordering and carrying out a campaign of intimidation, assaults and killings to control a crime syndicate and drug distribution empire that authorities say reaches as far south as Bakersfield. 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 . Mug Shot for Sheldon Villanueva booked into the Multnomah county jail. 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. 985 at 35.) 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. Gang rules and discipline are maintained by assaulting and threatening those individuals who violate the rules or pose a threat to the organization. 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.") 1959(a)(5), and conspiracy to commit assault with a dangerous weapon in aid of racketeering, in violation of 18 U.S.C. He did, however, express concern the arrests may cause rival gang members to intensify their activities. See Vera, 770 F.3d at 1241. 617, 628-29) (emphasis in original). This is just one investigation. 3553. Pending before the Court are motions in limine and a motion to conduct hearings and issue preliminary rulings on certain categories of evidence, filed by Henry Cervantes ("H. Cervantes") (Docket Nos. Romero was also charged with attempted murder in aid of racketeering, in violation of 18 U.S.C. subject to the requirements of Federal Rule of Evidence 701," Vera, 770 F.3d at 1242; see also Gadson, 763 F.3d at 1210. In their plea agreements, Magdaleno, Romero, and Cervantes admit to participating in the distribution of narcotics to other inmates at Monterey County Jail. Daniel Perez, 42, Alberto Larez, 36, and Henry Cervantes, 40, will receive sentences. Freeman,498 F.3d 893, 902 ( 9th Cir showed & quot ; associational or organizational connection uniting & ;... Websites do not imply a recommendation for all the content found on these sites santa Rosa gang initially... 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In Florence ADX admitted to having participated in at least two homicides as part of his guilty.... He stabbed the victim in the chest and back over 20 times 40, will receive 10-year sentences, he.
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