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. "); id. She had been. . Local R. 16-1(c)(4); see also United States v. Cerna, 2011 WL 2119304, at *5 (N.D. Cal. (See Docket No. (See Docket No. Completed Federal Capital Cases Involving an Inmate - 10/22/2015 Dublin, Keith E.D. It was unsealed Friday. . The stabbing was allegedly planned in retaliation for an alleged theft of one shoe. endobj Marshal Hold. 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. 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."). TTY: (415) 436-7221, Oakland: (510) 637-3680 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. 1022 at 1-2.) (See Docket No. In motion in limine number 2, A. Cervantes seeks to exclude evidence of a variety of incidents that occurred before 2004. 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. established that vicarious liability must be predicated on acts that were reasonably foreseeable to the defendant."). "(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.". 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. (August 17, 2015 Disclosure, Ex. ("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."). Daniel Perez, 42, Alberto Larez, 36, and Henry Cervantes, 40, will receive 10-year sentences. California Department of Corrections and Rehabilitation, Movant, represented by Michael Joseph Gonzales Lagrama , California State Attorney General's Office. Shane Bowman, Defendant, represented by Julia Mezhinsky Jayne , Jayne Law Group, P.C.. Jaime Cervantes, Defendant, represented by Randy Sue Pollock , Attorney at Law. 1070 at 3 n.1.) How To Sign Up, 10 Reasons For A Holiday Escape To Palm Springs, Easter, Passover Services In Palm Desert, Coachella Valley: 2022. H. Cervantes moves for a ruling "that both the nature of a conspiracy, and the timing of an individual's joining of a conspiracy, must be considered in deciding what a conspirator is allegedly liable for under the conspirator liability rules." . However, any sentence will be imposed by the court only after consideration of the U.S. Id. Dunbaugh said he has no idea what effect the Nuestra Familia arrests will have on the gang. Attorneys Claudia A. Quiroz and Stephen Meyer are prosecuting the case. 801(d)(2)(E) in sufficient detail that the Court may rule on the admissibility of the statement." . . Jackson may give his opinions regarding common slang."). 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 Court may do so within the confines of the time afforded for trial and outside the presence of the jury. Santa Rosa gang investigators initially were tipped off by information received during their questioning of a Pelican Bay parolee. 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. As with the analysis regarding the declarant, "to establish these facts, the government cannot rely solely on the coconspirator statements themselves." Your financial contribution supports our efforts to deliver quality, locally relevant journalism. 985.) (See Docket No. He is not welcome in the prisons. Villanueva also conveyed to the same inmate that he wanted to "choke" Carlin. ("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."). 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. However, by finding in this manner, the government must address the issue with the Court outside the presence of the jury before proffering any such evidence. Magdaleno admitted that he gave the victim marijuana to use so that he would be more vulnerable and let his guard down; and after doing so, Magdaleno stabbed the victim in the head with a shank. See Hermanek, 289 F.3d at 1095 n.7. Perez will not begin serving his sentence until he has completed a separate six-year state prison sentence, which he has yet to begin. Show more. 928 at 10.). Charges #1 U.S. 1045 at 4.). (citations omitted)); United States v. Cerna, 2011 WL 2119304, at *3 (N.D. Cal. 2006). <>/OutputIntents[<>] /Metadata 340 0 R/ViewerPreferences 341 0 R>> 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"). Five of the defendants will be sentenced to life in federal prison, and three will get 10-year terms. 1959(a)(5), and assault with a dangerous weapon in aid of racketeering, in violation of 18 U.S.C. Peggy attempts to instigate this conflict for her own personal reasons but Villanueva seems to recognize this. If the government demonstrates that these opinions might possibly be admissible as expert testimony, then, as explained in the paragraph above, the government would need to demonstrate for each coded word to be translated how it meets the Rule 702 and pertinent case law requirements. Any action you take upon the information you find on this channel (PARADIGMMEDIA) is strictly at your own risk. "The defendant expressed that Barrasa had his heart, which Barrasa responded to by laughing," Orlando said. . 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.. (See id. Cervantes admitted that he was the hitter for the removal and stabbed the victim in the head. . Not included in that basis for Feeney's opinions was information about other gangs he monitored and what such monitoring entailed such that it would apply to his proffered opinions. Thus, the government must show that it is more likely than not that the declarant was a co-conspirator. (Docket No. United States v. Osazuwa,564 F.3d 1169, 1176 (9th Cir. Feeney also translates the words, "Take care of her things to do list for the summer," to mean "Hit (kill) Demon." Men punished Monterey County Jail inmates for not following Nuestra Familia gang rules . 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. There are mature, veteran gang members directing street gangs throughout California to conduct their crimes.. In their plea agreements, Magdaleno, Romero, and Cervantes admit to participating in the distribution of narcotics to other inmates at Monterey County Jail. Your donation will help us continue to cover COVID-19 and our other vital local news. Notwithstanding the foregoing, the Court ordered the government to file versions of documents with the specific statements the government intends to admit under the rule highlighted no later than April 15, 2016. 1959(a)(6). Some of the predicate offenses were committed by members of Nuestra Raza. Rudy Del Real and Rudolfo Quilon complete the order. 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. . 928 at 15.) Id. was made by the party's coconspirator during and in furtherance of the conspiracy." Federal Courthouse ("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." Fed. VA No. United States v. Mouzin,785 F.2d 682, 692 (9th Cir. 15 year old Carlos "Casper" Silva a Preston parolee is arrested murders 3 people witin a seven week span on behalf of Nuestra familia. Scores of other members and associates have pleaded guilty to charges arising from the investigation. L. Rev. . 450 Golden Gate Avenue PARADIGM PROFILES | SHELDON "SKIP" VILLANUEVA | NARRATED BY JOHN "BOXER" MENDOZA PARADIGM MEDIA NEWS 31.7K subscribers 92K views 2 years ago https://www.patreon.com/PARADIGMMEDIA. These are proper subjects for lay opinion testimony, see FED. 783, 831, 832, 833, 846), and motions in limine filed by Andrew Cervantes ("A. Cervantes") (Docket Nos. Immediately after the victim was stabbed, three bombers began punching and kicking the victim to allow Magdaleno to escape being caught by guards with the stabbing weapon. . (Docket No. See United States v. Lloyd,807 F.3d 1128, 1155 n.8 (9th Cir. 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. Villanueva was immediately jailed and charged with Barrasa's murder. Id. Its about drugs, crime and victimization.. x]ms9*>[DhJqB6 Gq~0TA9=_wh4ckf5j'O^YG?v2? 4 0 obj 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. A at 10.) An official website of the United States government. xAlk75~]}JOQD1hZ|0I_(,5~[,==FsL$c56 USA, Plaintiff, represented by Joseph Michelangelo Alioto, Jr. , U.S. Department of Justice, Jennifer R. Sykes , Department of Justice, Robert Steven Tully , U.S. Dept of Justice, Wai Shun Wilson Leung , United States Attorney's Office & William Frentzen , U.S. Attorney's Office, NDCA. subject to the requirements of Federal Rule of Evidence 701," Vera, 770 F.3d at 1242; see also Gadson, 763 F.3d at 1210. "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. . 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." Compare NF 544, 545 and NF 11190, 11191.").) Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. . Daniel Perez, 42, Alberto Larez, 36, and Henry Cervantes, 40, will receive 10-year sentences. The prosecution is the result of an investigation by the FBI with assistance from the Salinas Police Department, the Monterey County Sheriffs Office, the California Highway Patrol, and the California Department of Corrections and Rehabilitation. The government's exhibit list is understandably comprehensive and the defense's objections in this regard are DENIED. . 1045 at 4-5.) See Gadson, 763 F.3d at 1210 (describing testimony about a nickname as "investigation-specific opinion testimony . 1962(d). R. EVID. Swipe is only available in chrome dev tools mobile mode. 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. (See, e.g., Docket No. Citations are also linked in the body of the Featured Case. /sNZ<7m'QP`JN@\1k2#!Q7mt/vC|LB)]@%fJ@H=NqYrG%g#OnK"J0Ac87\Ip&'q`6HOM!0V \/ 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. 1962(d). ) or https:// means youve safely connected to the .gov website. stream See Sheldon 's Criminal Record. 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. (Id. The government's disclosure stated, "At the Bureau of Prisons, Mr. Feeney's primary responsibility was to monitor gang activity, including activity of the Nuestra Familia." . United States District Court, N.D. California. United States v. Bridgeforth,441 F.3d 864, 869 (9th Cir. However, with respect to those alleged coconspirators not charged, e.g., Skip Villanueva, a sufficient proffer has not been made. (Id. While the government need show only a slight connection with the conspiracy, the independent evidence must be `fairly incriminating: . Id. 2009) ("`Presenting a theory of the case that can be effectively rebutted by otherwise-inadmissible evidence,' we held, `does not by itself open the door to using such evidence; only partial, misleading use of the evidence can do so.'" 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. 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. For example,6 Opinion 517 reads: "Tell Polvo that Demonito is a waste of time and mom doesn't want her around the house, period." 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 guilty pleas were accepted by the Honorable Beth L. Freeman, United States District Judge. (See Docket No. at 628-29) (emphasis in original)). 1991)). 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. As with H. 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