The crimes listed in last weeks indictment were planned and carried out primarily by prisoners in the toughest section of Pelican Bay. Marshal Hold. . They are the two most powerful prison gangs in the state prison system, officials say. Some gang members even ended up testifying against themselves. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. 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. The eight pleaded guilty in San Francisco to charges of operating the prison gang as a racketeering enterprise. Fed. 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). (Docket No. See United States v. Lloyd,807 F.3d 1128, 1155 n.8 (9th Cir. Id. Voices for Children CASA Volunteer Information Session! 985.) (See Docket No. PARADIGM NEWS MEDIA has obtained dozens of other phone calls by some of the other high ranking NF leaders in ADX and these exclusive phone calls will be forthcoming in the near future. United States v. Liera,585 F.3d 1237, 1245 (9th Cir. . or the fact of occurrences tied to Nuestra Familia. The Court already has held these types of opinions to be improper expert testimony. . Pursuant to the terms of their plea agreements, Magdaleno has agreed that a reasonable and appropriate disposition of his case would include a term of imprisonment of 30 years to run concurrently with sentences imposed in connection with a number of state court convictions; Romero has agreed that a reasonable and appropriate disposition of his case would include a term of imprisonment of 18 years; and Cervantes has agreed that a reasonable and appropriate disposition of his case would include a term of imprisonment of 10 years. This proffered translation falls squarely within the rubric of one constituting "lay opinions about the meaning of intercepted phone calls, . Theyre very creative.. 1 0 obj (quoting Robert R. Arreola et al., Federal Criminal Conspiracy, 34 Am.Crim.L.Rev. 901(b)(2), (5), and the district court did not abuse its discretion in concluding that Feeney's familiarity with the relevant voices and handwriting, even if limited, was sufficient Some of the predicate offenses were committed by members of Nuestra Raza. Henry Cervantes, Vidal Fabela, David Rocha and Diana Vasquez were arrested at several locations across Northern California on Friday, Dunbaugh said. Alberto Larez, Defendant, represented by Brian H. Getz , Law Offices of Brian H Getz. See Docket No. The government's opposition on this point is conclusory. 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. In this specific call, Villanueva discusses problems that Peggy has been having with a fellow NF member by the name of Saragoza Capone Sanchez. As with the analysis regarding the declarant, "to establish these facts, the government cannot rely solely on the coconspirator statements themselves." a Pinkerton instruction would violate due process [in a case where there only was a] slight connection between [a] [defendant] and [a] conspiracy.'" R. Evid. (PARADIGMMEDIA) Unplugged, does not make any warranties about the completeness, reliability and accuracy of this information. United States District Court, N.D. California.https://leagle.com/images/logo.png. 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. (quoting Arreola, 34 Am. While the government need show only a slight connection with the conspiracy, the independent evidence must be `fairly incriminating: . 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 . 1959(a)(5), and conspiracy to commit assault with a dangerous weapon in aid of racketeering, in violation of 18 U.S.C. 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. Thus, the Court GRANTS the motions WITHOUT PREJUDICE to future motions if pertinent to a rebuttal. var obConfig = { footer: '' }; Bookmarks are saved to your account and can be accessed from any device. (August 17, 2015 Disclosure, Ex. 1070 at 3 n.1.) (footnote omitted)); id. "); United States v. Segura-Gallegos,41 F.3d 1266, 1272 (9th Cir. Castaneda, 16 F.3d at 1507. Magdaleno admitted that he stabbed the victim in the chest and back over 20 times. This portion of the motion is GRANTED as to the government's case-in-chief. 801(d)(2)(E). 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. (Docket No. 2013, defendant Carlos Cervantes, aka "Lil Huero" and "Doug," stabbed and slashed the victim's head . Five of the defendants will be sentenced to life in federal prison, and three will get 10-year terms. 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. 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. "It remains to be seen ultimately whether this prosecution was warranted, " Breyer said. Shane Bowman, Defendant, represented by Julia Mezhinsky Jayne , Jayne Law Group, P.C.. Jaime Cervantes, Defendant, represented by Randy Sue Pollock , Attorney at Law. (Docket No. A. Cervantes seeks an order directing the government to comply with Criminal Local Rule 16-1(c)(4), which states that "the government shall disclose . Romero was also charged with attempted murder in aid of racketeering, in violation of 18 U.S.C. The Ninth Circuit has recognized Mouzin's application outside the context of drug ledgers. Compare NF 544, 545 and NF 11190, 11191.").) 928 at 11. 985 at 35.) Williams, 2016 WL 899145, at *6 ("To the extent that they are relevant and not unduly prejudicial, Sgt. 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. They have rights and we cant stop communications, he said. 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." Andrew F. Cervantes, Defendant, represented by K. Alexandra McClure , Law Offices of Alexandra McClure. Share sensitive information only on official, secure websites. "However, Barrasa seemed happy after talking with the defendant.". Romero admitted that he approved the February 25, 2013, removal of a victim from one of the housing units of the Monterey County Jail. Thus, the government must show that it is more likely than not that the declarant was a co-conspirator. As required by Prunty, the prosecution showed "associational or organizational connection uniting" Nuestra Raza and Nuestra Familia. Thus: "`due process constrains the application of Pinkerton where the relationship between the defendant and the substantive offense is slight,' and . For example, Feeney translates the words, "The poem `Back to Basics,'" to mean "The rules Cervantes implemented for all." .'" <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/StructParents 0>> The stabbing was allegedly planned in retaliation for an alleged theft of one shoe. 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. Twelve men and one woman face federal charges of murder, robbery, conspiracy and drug-related crimes. For example, a sworn affidavit drafted in connection with the case by FBI Special Agent McCarrell Crumrin said that one Nuestra Familia member who decided to turn state's witness against the gang ended up giving investigators evidence that was used to charge him separately with racketeering. 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. 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. (Id.) . 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). . 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. 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. endobj If they comply with their plea agreements, the additional charges will be dismissed at sentencing. Romero admitted that during the removal, the hitter stabbed the victim in the head, and immediately thereafter three bombers began to punch and kick the victim to inflict the maximum damage possible and to allow the hitter to escape without being caught by guards with the stabbing weapon. 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. 1959(a)(6). 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. Main Office: 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. 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. x]ms9*>[DhJqB6 Gq~0TA9=_wh4ckf5j'O^YG?v2? 832 at 1-2.) 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. See Hermanek, 289 F.3d at 1095 n.7. . Under current Ninth Circuit law, the Court would need to evaluate the remaining opinions under Rule 701. 2007)). No claims to the accuracy of this information are made. The Court may do so within the confines of the time afforded for trial and outside the presence of the jury. (citations omitted). Sponsored Content. at 8-12. 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. . 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. subject to the requirements of Federal Rule of Evidence 701," Vera, 770 F.3d at 1242; see also Gadson, 763 F.3d at 1210. Parry said Monday that changes in Corrections Department policy would be made, but he refused to provide details. knowingly participated in a conspiracy." 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. He was paired with Carlin in Housing Unit 17 at the Smith Correctional Facility. Completed Federal Capital Cases Involving an Inmate - 10/22/2015 Dublin, Keith E.D. Villanueva was charged with the murder and was relocated to a high security unit at the Riverside jail. . 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. R. Evid. 4 0 obj An official website of the United States government. Garcia and Ramirez are in federal custody awaiting trial. 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. (See id. The indictments cap a three-year, $5 million undercover investigation code-named Operation Black Widow. at 1246 (quoting United States v. Castaneda,16 F.3d 1504, 1507 (9th Cir. L. Rev. Several days later, he located Barrasa at her friend's residence. 928 at 10.). ." 2014); United States v. Freeman,498 F.3d 893, 902 (9th Cir. Theres a war occurring in our communities in California, Dunbaugh said. v. 783, 831, 832, 833, 846), and motions in limine filed by Andrew Cervantes ("A. Cervantes") (Docket Nos. 2007); United States v. Decoud,456 F.3d 996, 1014 (9th Cir. 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."). 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. [a] summary of any statement the government intends to offer under F. R. Evid. ("To interpret the meaning of coded language encountered for the first time in the specific investigation at issue, however, an officer's qualifications, including his experience with narcotics investigations and intercepted communications, are relevant but not alone sufficient to satisfy Federal Rule of Evidence 702."). Eventually, the FBI, U.S. Department of Justice and other state and local law enforcement agencies combined forces. 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. . Attorneys Claudia A. Quiroz and Stephen Meyer are prosecuting the case. Men punished Monterey County Jail inmates for not following Nuestra Familia gang rules . Any action you take upon the information you find on this channel (PARADIGMMEDIA) is strictly at your own risk. '' )., officials say the two most powerful prison gangs in the state system! F.3D 1266, 1272 ( 9th Cir and the federal statute governing the imposition of sentence! Thus, the Court already has held sheldon skip villanueva stabbing inmate video types of opinions to be improper expert.... 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