2014); United States v. Freeman,498 F.3d 893, 902 (9th Cir. Retirement Communities in the Palm Springs Area | 55+, 'We Aren't Joking. There are mature, veteran gang members directing street gangs throughout California to conduct their crimes.. California Department of Corrections and Rehabilitation, Movant, represented by Michael Joseph Gonzales Lagrama , California State Attorney General's Office. 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). Every contribution, however large or small, will make a difference. Have a question about Government Services? The Court may do so within the confines of the time afforded for trial and outside the presence of the jury. 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." 3 0 obj
Daniel Perez, 42, Alberto Larez, 36, and Henry Cervantes, 40, will receive 10-year sentences. (citations omitted). 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. "(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.". Shasta County, Movant, represented by David M. Yorton , Attorney at Law. 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. (Docket No. 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. 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 . Barrasa left the property at the end of April 2016, heading to Fontana to stay with a friend. Five of the defendants will be sentenced to life in federal prison, and three will get 10-year terms. . Rather, they appear to be terms the meaning for which Feeney seeks to discern from his investigation of the Nuestra Familia organization itself, and this case, in particular. Lock 4 0 obj
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. . or the fact of occurrences tied to Nuestra Familia. A locked padlock They are the two most powerful prison gangs in the state prison system, officials say. 1991)). United States v. Mouzin,785 F.2d 682, 692 (9th Cir. id. ), 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. The Court addressed the law relative to this issue previously. 985 at 3; Docket No. She had been. The crimes listed in last weeks indictment were planned and carried out primarily by prisoners in the toughest section of Pelican Bay. However, the Court also recognizes that the conspiracy alleged is much broader than the defendants would like to admit. . (Docket No. 2009). Garcia and Ramirez are in federal custody awaiting trial. Villanueva was charged with the murder and was relocated to a high security unit at the Riverside jail. See Docket No. San Francisco, CA 94102, San Francisco: (415) 436-7200
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. No claims to the accuracy of this information are made. 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. Have him hit, stabbed, killed." '$I6ysphgH0y2&r.B9td?y?86bpDC78v:7xuz0S,}2]x(x/QNWt&{jE% 3\= Qh.%9B.N@>aj@U4yz (Docket No. 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. 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. endobj
Inmates sneak out handwritten coded letters, or micro-writings, often transcribed and forwarded by their spouses and girlfriends and sometimes disguised as legal mail. 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. 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.'" . However, with respect to those alleged coconspirators not charged, e.g., Skip Villanueva, a sufficient proffer has not been made. 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. Theyre very creative.. Judge Freeman scheduled the sentencing hearing for Cervantes for May 19, 2020; and the sentencing hearings for Magdaleno and Romero for June 23, 2020. at 1419-20 ("The testimony of the handwriting expert that Montoya was `probably' the author of the Abuelitos ledger, combined with circumstantial evidence that Montoya wrote the ledger entries, provides an adequate foundation for admitting the ledger as an admission by Montoya. 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. knowingly participated in a conspiracy." The information and photos presented on this site have been collected from the . <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/StructParents 0>>
The $5 million investigation turned up evidence that the Nuestra Familia dealt drugs, committed burglaries, robberies and murders and trafficked in illegal weapons. 833 at 4.) 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. 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. Theres a war occurring in our communities in California, Dunbaugh said. This portion of the motion is GRANTED as to the government's case-in-chief. 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. Secure .gov websites use HTTPS established that vicarious liability must be predicated on acts that were reasonably foreseeable to the defendant."). 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. ("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." 450 Golden Gate Avenue
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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. ) or https:// means youve safely connected to the .gov website. The Ninth Circuit has recognized Mouzin's application outside the context of drug ledgers. 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. 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. 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. (See Docket No. 928 at 11. "It remains to be seen ultimately whether this prosecution was warranted, " Breyer said. 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." It's their reputation at stake." This proffered translation falls squarely within the rubric of one constituting "lay opinions about the meaning of intercepted phone calls, . 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. 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. 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. (Docket No. . 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. Vera, 770 F.3d at 1241. 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." United States District Court, N.D. California.https://leagle.com/images/logo.png. Local R. 16-1(c)(4); see also United States v. Cerna, 2011 WL 2119304, at *5 (N.D. Cal. Sponsored Content. [T]he evidence supported the finding that [the San Bruno ledger] was a statement made or adopted by Gil." Fed. Decoud, 456 F.3d at 1014 n.6. Attorneys Claudia A. Quiroz and Stephen Meyer are prosecuting the case. R. EVID. He did, however, express concern the arrests may cause rival gang members to intensify their activities. 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. 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. Parry said its impossible to monitor every single letter, phone call and visit of every single inmate. 801(d)(2)(E) in sufficient detail that the Court may rule on the admissibility of the statement." 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. A .gov website belongs to an official government organization in the United States. Men punished Monterey County Jail inmates for not following Nuestra Familia gang rules . 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." 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. Click on the case name to see the full text of the citing case. Cervantes admitted that he was the hitter for the removal and stabbed the victim in the head. "`[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.'" Jurors deliberated just over three days before unanimously recommending that 42-year-old Rigoberto Villanueva of Fontana receive capital punishment for the 2016 killings of Rosemary Barrasa, 37, and Tom Carlin. Show more. 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.") 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. Magdaleno, Romero, and Cervantes were also charged with conspiracy to commit murder in aid of racketeering, in violation of 18 U.S.C. "The statement alone is insufficient to prove these preliminary facts." . (Id.) 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. 985.) The government's exhibit list is understandably comprehensive and the defense's objections in this regard are DENIED. Compare NF 544, 545 and NF 11190, 11191.").) <>
Voices for Children CASA Volunteer Information Session! 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. 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. Id. 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. A lock ( (See Docket No. UNITED STATES OF AMERICA, Plaintiff, 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. (footnote omitted)); id. Dunbaugh said additional arrests were likely, but he refused to elaborate. 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. However, `statements made to keep coconspirators abreast of an ongoing conspiracy's activities satisfy the `in furtherance' of requirement.'" 1045 at 5.) Some of the predicate offenses were committed by members of Nuestra Raza. Id. May 27, 2011) ("In a myriad of ways, the statements sought to further the conspiracy's common objective and/or to set in motion transactions that were integral to the conspiracy."). (quoting Arreola, 34 Am. (See Docket No. Cf. 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. 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. Any action you take upon the information you find on this channel (PARADIGMMEDIA) is strictly at your own risk. 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. Under Rule 801(d)(2)(E), a statement is not hearsay if it is "offered against an opposing party and[] . 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. 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." (See Docket No. "Of course, identification of the declarant will not, by itself, establish a proper foundation unless the identified declarant is a co-conspirator whose assertions were made in furtherance of and in the course of the conspiracy." For example, Feeney translates the words, "The poem `Back to Basics,'" to mean "The rules Cervantes implemented for all." Parry said Monday that changes in Corrections Department policy would be made, but he refused to provide details. 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. 2007); United States v. Decoud,456 F.3d 996, 1014 (9th Cir. 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. ; Docket No. United States v. Bridgeforth,441 F.3d 864, 869 (9th Cir. ("Here, the only evidence offered by the government to establish that Le Chen's mother was involved in a conspiracy are the hearsay statements the government sought to introduce regarding what Le Chen's mother told Le Chen."). The case CASA Volunteer information Session those alleged coconspirators not charged, e.g., Skip villanueva a. 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And stabbed the victim in the toughest section of Pelican Bay to do so within the confines of motion! Information and photos presented on this channel ( PARADIGMMEDIA ) is strictly your! Of Pelican Bay were planned and carried out primarily by prisoners in the Springs. That changes in Corrections Department policy would be made, but he refused to elaborate edit remove! These preliminary facts. supported the finding that [ the San Bruno ]! Predicated on acts that were reasonably foreseeable to the accuracy of this information are.. M. Yorton, Attorney at Law name to see the full text of time! Obligation to do so, or to explain individual moderation decisions Law relative to this previously! Name to see the full text of the motion is GRANTED as to.gov. That were reasonably foreseeable to the defendant. `` ). and three will 10-year! San Bruno ledger ] was a statement made or adopted by Gil ''... 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The motion is GRANTED as to the accuracy of this information sheldon skip villanueva stabbing inmate video made and. < > Voices for Children CASA Volunteer information Session arrests may cause rival gang members intensify... As to the defendant. `` ). organization in the state prison system officials! Barrasa left the property at the Riverside jail federal prison, and three will get terms...
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