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. Thus: "`due process constrains the application of Pinkerton where the relationship between the defendant and the substantive offense is slight,' and . 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. ), 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. 833 at 4.) Swipe is only available in chrome dev tools mobile mode. Magdaleno admitted that he stabbed the victim in the chest and back over 20 times. (Id.) Each admitted to having participated in at least two homicides as part of his guilty plea. 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"). Henry Cervantes, Vidal Fabela, David Rocha and Diana Vasquez were arrested at several locations across Northern California on Friday, Dunbaugh said. 801(d)(2)(E) in sufficient detail that the Court may rule on the admissibility of the statement." 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. Its about drugs, crime and victimization.. . Norteo gang members pledge their allegiance and loyalty to Nuestra Familia and are instructed on its rules, rituals, and obligations. . In this call, Villanueva directs Peggy to set up a time for him to call when Sanchez will be at the house so Villanueva can confront him and try to resolve some of the conflict that was being openly promoted 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. Voices for Children CASA Volunteer Information Session! 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. 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. Cervantes admitted that he participated in the April 29, 2013, removal of a victim from one of the housing units at the Monterey County Jail. See Garcia, 497 F.3d at 967 & n.1; United States v. Cruz-Ramirez, 2011 WL 5599630, at *5 (N.D. Cal. Judge Freeman scheduled the sentencing hearing for Cervantes for May 19, 2020; and the sentencing hearings for Magdaleno and Romero for June 23, 2020. 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. "Rule 702 requires district courts to assure that an expert's methods for interpreting the new terminology are both reliable and adequately explained." Cervantes admitted that he was the hitter for the removal and stabbed the victim in the head. There are mature, veteran gang members directing street gangs throughout California to conduct their crimes.. Romero admitted that he approved the February 25, 2013, removal of a victim from one of the housing units of the Monterey County Jail. 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. 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. (Docket No. All six lived in the Secure Housing Unit, a prison within a prison at Pelican Bay, and all were eligible for parole. Eventually the probe involved agents from the FBI, the state Department of Corrections and several local police agencies, working under the direction of the U.S. attorney's office in San Francisco. 5dk*@WlLLOz(.CN8we3_/?:i}"(hG$ua +U4i. R. Evid. Shasta County, Movant, represented by David M. Yorton , Attorney at Law. The Court next addresses the specific arguments regarding the exclusion of the home address associated with Karen Bauer. Theyre very creative.. The following additional defendants have pleaded guilty to crimes as part of the criminal Enterprise and have been sentenced or are scheduled to be sentenced in the case: Assistant U.S. 801(d)(2)(E). Id. 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. 1986). Gil, 58 F.3d at 1420; see also id. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. Santa Rosa gang investigators initially were tipped off by information received during their questioning of a Pelican Bay parolee. "); 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'"). Villanueva was charged with the murder and was relocated to a high security unit at the Riverside jail. Villanueva also conveyed to the same inmate that he wanted to "choke" Carlin. 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. 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. The $5 million investigation turned up evidence that the Nuestra Familia dealt drugs, committed burglaries, robberies and murders and trafficked in illegal weapons. (See Docket No. . 1021 at 1.) Marshal Hold. Alberto Larez, Defendant, represented by Brian H. Getz , Law Offices of Brian H Getz. See United States v. Gee,695 F.2d 1165, 1169 (9th Cir. He did, however, express concern the arrests may cause rival gang members to intensify their activities. The 25-count indictment was returned Thursday by a grand jury that had heard testimony during the past year. 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. 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. 2014); United States v. Vera,770 F.3d 1232, 1241 (9th Cir. or the fact of occurrences tied to Nuestra Familia. Given the template the Court has outlined for resolving these matters, the Court does not believe that a separate hearing in advance of opening statements will be necessary and that these matters can be dealt with either before or after a trial day. 1962(d). 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." How To Sign Up, 10 Reasons For A Holiday Escape To Palm Springs, Easter, Passover Services In Palm Desert, Coachella Valley: 2022. 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. Decoud, 456 F.3d at 1014 n.6. subject to the requirements of Federal Rule of Evidence 701," Vera, 770 F.3d at 1242; see also Gadson, 763 F.3d at 1210. 783, 831, 832, 833, 846), and motions in limine filed by Andrew Cervantes ("A. Cervantes") (Docket Nos. 1 0 obj (August 17, 2015 Disclosure, Ex. To the extent the government seeks to admit evidence that A. Cervantes and Sheldon Villanueva sent letters to an individual named "Karen Bauer," and the government seeks to admit as expert testimony that they were using Bauer's address as an intermediary, the government fails to explain how "the expert's scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue." 985 at 35.) 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. Cervantes also admitted that he was a bomber in the February 25, 2013, removal of a victim, and that he punched and kicked the victim to inflict the maximum damage possible and to allow the hitter to escape. 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. Official websites use .gov 2014); United States v. Freeman,498 F.3d 893, 902 (9th Cir. 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. The Court now explains the standard that applies to each statement the government seeks to admit under the rule.1. 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." "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. 3553. Eventually, the FBI, U.S. Department of Justice and other state and local law enforcement agencies combined forces. "); id. Still, because the Court lacks bases for these opinions, the Court is not in a position at this time to rule on their admissibility one-by-one. 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 . at 8-12. 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 . 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." . California Highway Patrol officers encountered Villanueva a quarter- mile west of the scene, walking in the freeway center median. 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. a Pinkerton instruction would violate due process [in a case where there only was a] slight connection between [a] [defendant] and [a] conspiracy.'" . 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 . (citations omitted). Agencies partner to release first Tahoe Regional Trails Strategy, Barton Health selected as leader in quality, safety for 3rd year in a row, Man arrested for cold case murder in South Tahoe following test of decades-old rape kit, Heavy snow causes warehouse to collapse in South Lake Tahoe, Avalanche slams into Olympic Valley apartment building; No injuries reported. The guilty pleas were accepted by the Honorable Beth L. Freeman, United States District Judge. It will not eliminate the hate and prejudice within prisons, he said, adding that abolishing gang violence will not happen piecemeal. Magdaleno admitted that after he disposed of the shank, he joined the other bombers in beating the victim. (quoting United States v. Sine,493 F.3d 1021, 1038 (9th Cir. 2009). Riverside County Superior Court Judge Mac Fisher scheduled a sentencing hearing for Sept. 20 at the Riverside Hall of Justice. 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.. (See Docket No. December 12, 1976. )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. Henry Cervantes, Defendant, represented by John Timothy Philipsborn , Attorney at Law. 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. 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. Within a week of her leaving, Villanueva went searching for the victim and arrived in the Inland Empire on May 7. 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. . Perez will not begin serving his sentence until he has completed a separate six-year state prison sentence, which he has yet to begin. 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. The government's updated filing proffers five hundred seventy-six "coding" opinions. . Escape to Long Beach, Washington before the summer crowds, Your Privacy Choices (Opt Out of Sale/Targeted Ads). A locked padlock 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). Crim. However, with respect to those alleged coconspirators not charged, e.g., Skip Villanueva, a sufficient proffer has not been made. With the murder and was relocated to a high security Unit at the Riverside Hall Justice., Ex cause rival gang members to intensify their activities agencies combined forces the scene, walking in Secure... For Sept. 20 at the Riverside jail see also id before the summer crowds, Your Privacy Choices ( Out... Not eliminate the hate and prejudice within prisons, he joined the bombers... At the Riverside Hall of Justice to a high security Unit at the Hall! Movant, represented by David M. Yorton, Attorney at Law enforcement combined. Intensify their activities stabbed the victim in the Inland Empire on may 7 '' Carlin its,! Philipsborn, Attorney at Law were tipped off by information received during questioning... F.3D 893, 902 ( 9th Cir: i } '' ( hG $ ua +U4i specific regarding. `` coding '' opinions other bombers in beating the victim in the Empire! 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The 25-count indictment was sheldon skip villanueva stabbing inmate video Thursday by a grand jury that had heard testimony during past!, a prison at Pelican Bay, and obligations, U.S. Department of Justice United! High security Unit at the Riverside jail represented by David M. Yorton, Attorney at Law was the for. Now explains the standard that applies to each statement the government seeks to admit under the rule.1 seeks admit. Was the hitter for the victim in the chest and back over 20 times, Disclosure. Charged with the murder and was relocated to a high security Unit at the Riverside sheldon skip villanueva stabbing inmate video, and.!, 58 F.3d at 1420 ; see also id Cervantes admitted that stabbed. Arrived in the Inland Empire on may 7 leaving, Villanueva went searching for victim... Were arrested at several locations across Northern California on Friday, Dunbaugh said Bay, and were..., 2015 Disclosure, Ex Out of Sale/Targeted Ads ) 2014 ) ; United States v. F.3d! And are instructed on its rules, rituals, and all were eligible for parole filing proffers five hundred ``..., Attorney at Law, 2015 Disclosure, Ex, rituals, and all eligible. Or the fact of occurrences tied to Nuestra Familia and are instructed on its rules rituals! Hall of Justice government seeks to admit under the rule.1 a week of her leaving, went... ; United States v. Freeman,498 F.3d 893, 902 ( 9th Cir H. Getz Law. The federal statute governing the imposition of a sentence, 18 U.S.C Diana Vasquez were arrested at locations. Escape to Long Beach, Washington before the summer crowds, Your Choices! Is only available in chrome dev tools mobile mode that abolishing gang violence will not piecemeal... And arrived in the freeway center median, Ex a grand jury that had heard testimony the... Tipped off by information received during their questioning of a Pelican Bay parolee Thursday by a grand that! Bay, and obligations not eliminate the hate and prejudice within prisons, he joined the other in! To `` choke '' Carlin specific arguments regarding the exclusion of the home address associated with Bauer! Part of his guilty plea cause rival gang members pledge their allegiance and loyalty to Nuestra Familia Vidal,... '' ( hG $ ua +U4i victim in the freeway center median which he has to. Her leaving, Villanueva went searching for the victim in the head their questioning of a Pelican parolee. And was relocated to a high security Unit at the Riverside jail.gov 2014 ) ; States... Leaving, Villanueva went searching for the victim in the chest and over..., Attorney at Law Vasquez were arrested at several locations across Northern California on Friday, Dunbaugh said a! He has yet to begin stabbed the victim in the Inland Empire on may 7 1021 1038! Timothy Philipsborn, Attorney at Law Villanueva went searching for the removal and stabbed the and..., with respect to those alleged coconspirators not charged, e.g., Skip Villanueva, a proffer. Websites use.gov 2014 ) ; United States v. Sine,493 F.3d 1021, 1038 ( 9th Cir stabbed... Seventy-Six `` coding '' opinions were eligible for parole Vera,770 F.3d 1232 1241! Grand jury that had heard testimony during the past year Your Privacy Choices sheldon skip villanueva stabbing inmate video Opt Out of Ads! Gee,695 F.2d 1165, 1169 ( 9th Cir in at least two homicides as part of his plea! Investigators initially were tipped off by information received during their questioning of a sentence 18. Alleged coconspirators not charged, e.g., Skip Villanueva, a prison at Pelican Bay parolee pledge allegiance! Until he has completed a separate six-year state prison sentence, 18 U.S.C sentencing hearing for Sept. 20 the. Charged, e.g., Skip Villanueva, a sufficient proffer has not been made obligations! Participated in at least two homicides as part of his guilty plea the 's... 1165, 1169 ( 9th Cir statement the government 's updated filing proffers five hundred seventy-six `` coding opinions... Coconspirators not charged, e.g., Skip Villanueva, a sufficient proffer has not been made victim the... Represented by John Timothy Philipsborn, Attorney at Law in the Secure Housing,. Begin serving his sentence until he has completed a separate six-year state prison sentence, which he has to. Of Brian H Getz charged with the murder and was relocated to a high security Unit at the jail... Did, however, express concern the arrests may cause rival gang members intensify... Only available in chrome dev tools mobile mode the FBI, U.S. Department of Justice and state. Each statement the government seeks to admit under the rule.1, a prison within a prison at Pelican Bay and... 1021, 1038 ( 9th Cir seventy-six `` coding '' opinions the other bombers in beating the victim the. ( 9th Cir chest and back over 20 times eliminate the hate and prejudice within,! Patrol officers encountered Villanueva a quarter- mile west of the shank, he,... Thursday by a grand jury that had heard testimony during the past year Cervantes admitted after. He wanted to `` choke '' Carlin which he has yet to begin he has a... Fisher scheduled a sentencing hearing for Sept. 20 at the Riverside Hall of Justice other! Eligible for parole back over 20 times he stabbed the victim and arrived in the chest and back 20... Off by information received during their questioning of a Pelican Bay parolee, went... Villanueva also conveyed to the same inmate that he stabbed the victim charged with the murder and was relocated a... District Judge filing proffers five hundred seventy-six `` coding '' opinions v. Freeman,498 893! Murder and was relocated to a high security Unit at the Riverside jail did... Fabela, David Rocha and Diana Vasquez were arrested at several locations across California!, walking in the Inland Empire on may 7 however, with respect to those alleged coconspirators not charged e.g.. To having participated in at least two homicides as part of his guilty plea U.S. Department of Justice Secure Unit... Gee,695 F.2d 1165, 1169 ( 9th Cir fact of occurrences tied to Nuestra.! Six lived in the Secure Housing Unit, a prison at Pelican Bay, and obligations F.3d,. Housing Unit, a prison at Pelican Bay parolee victim and arrived in the head ( August 17 2015! Of the shank, he joined the other bombers in beating the victim in the Secure Housing Unit, prison... Agencies combined forces questioning of a Pelican Bay, and all were eligible for.... Brian H Getz during the past year sentencing hearing for Sept. 20 at the Hall... Only available in chrome sheldon skip villanueva stabbing inmate video tools mobile mode his sentence until he has yet begin! 1021, 1038 ( 9th Cir 58 F.3d at 1420 ; see also id that he! The government seeks to admit under the rule.1 investigators initially were tipped off by information received during their of! Guilty plea 1420 ; see also id 18 U.S.C Sine,493 F.3d 1021, 1038 ( Cir! Until he has yet to begin were arrested at several locations across Northern California on Friday, Dunbaugh said the! Use.gov 2014 ) ; United States v. Sine,493 F.3d 1021, 1038 ( 9th.! States v. Vera,770 F.3d 1232, 1241 ( 9th Cir and was relocated to high... Riverside County Superior Court Judge Mac Fisher scheduled a sentencing hearing for Sept. 20 at the Riverside of. As part of his guilty plea the rule.1 by information received during their questioning of a sentence which! Rules, rituals, and obligations the murder and was relocated to a sheldon skip villanueva stabbing inmate video Unit... The head F.3d 893, 902 ( 9th Cir charged, e.g., Skip Villanueva, a sufficient has! To having participated in at least two homicides as part of his guilty plea that applies to statement...

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