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. 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. HENRY CERVANTES, et al., Defendants. (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. 2014); United States v. Vera,770 F.3d 1232, 1241 (9th Cir. The government's exhibit list is understandably comprehensive and the defense's objections in this regard are DENIED. The Ninth Circuit has recognized Mouzin's application outside the context of drug ledgers. It will not eliminate the hate and prejudice within prisons, he said, adding that abolishing gang violence will not happen piecemeal. Further, the Court agrees that some of Feeney's purported translations attempt to cast as "code word" translation what in fact is the type of testimony about Nuestra Familia structure, Nuestra Familia rules, and individuals' roles in Nuestra Familia that the Court previously excluded. (quoting United States v. Hermanek,289 F.3d 1076, 1093 (9th Cir. These are proper subjects for lay opinion testimony, see FED. 985 at 37, Opinion Number 553.) Moreover, to the extent Feeney would attempt to testify as an expert decoding terms he encountered for the first time in his investigation of the Nuestra Familia organization (and related entities), he fails to explain a method that would satisfy the requirements of Rule 702 under Ninth Circuit case law. See United States v. Gee,695 F.2d 1165, 1169 (9th Cir. 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. . The information and photos presented on this site have been collected from the . A .gov website belongs to an official government organization in the United States. See Vera, 770 F.3d at 1241. The 25-count indictment was returned Thursday by a grand jury that had heard testimony during the past year. (See Docket No. "`[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.'" Sheldon SKIP Villanueva NUESTRA FAMILIA wiretap - YouTube 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. United States v. Liera,585 F.3d 1237, 1245 (9th Cir. 985, Opinion 320 ("Karen Bauer is intermediary for letters t/from Cervantes and Villanueva. See Docket No. 2015) (citing Mouzin in the context of purported Rule 801(d)(2)(E) statements made by "unidentified telemarketers"). 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. 617, 628-29) (emphasis in original). Joe Gonzales orders the murder of familiano Richard Hernandez for failing to carry out orders. Compare NF 544, 545 and NF 11190, 11191.").) 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. 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. Swipe is only available in chrome dev tools mobile mode. 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. Cf. 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. . Feeney also translates the words, "Take care of her things to do list for the summer," to mean "Hit (kill) Demon." H. Cervantes seeks to exclude any evidence regarding actions on any date after H. Cervantes's arrest in September 2011, or to provide limiting instructions on the purpose for which the jury may consider such evidence. 2007)). 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. United States v. Garcia,497 F.3d 964, 967 n.1 (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.'" . In motion in limine number 2, A. Cervantes seeks to exclude evidence of a variety of incidents that occurred before 2004. Nov. 17, 2011) ("Nonetheless, to ensure no juror confusion, the undersigned instructed the jurors at the time evidence was admitted of the limited purpose of the evidence and the fact that most of the defendants on trial were in custody at the time of the incident. 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 . "); id. Parry said its impossible to monitor every single letter, phone call and visit of every single inmate. "And by convicting 70 Nuestra Familia street members who were active in Northern California communities, we have rolled back the gang's operations on the streets.". Thus, the Court GRANTS the motions WITHOUT PREJUDICE to future motions if pertinent to a rebuttal. Sponsored Content. . However, `statements made to keep coconspirators abreast of an ongoing conspiracy's activities satisfy the `in furtherance' of requirement.'" 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. As with the analysis regarding the declarant, "to establish these facts, the government cannot rely solely on the coconspirator statements themselves." (Docket No. 801(d)(2)(E). 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. He did, however, express concern the arrests may cause rival gang members to intensify their activities. Fed. 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. 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. United States District Court, N.D. California.https://leagle.com/images/logo.png. (See Docket No. As the Court finds that only a small portion of the proffered opinions might be classified as expert and not investigatory, i.e., lay opinion, the Court need not conduct a separate hearing to address their admissibility at this time. Within a week of her leaving, Villanueva went searching for the victim and arrived in the Inland Empire on May 7. Please see the exhibits to the United States' Second Expert Disclosure, which provide detailed summaries of the content of the jail calls. 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. As with H. Cervantes's motion in limine number 3, the Court GRANTS this motion to the extent the Court will entertain specific requests for pertinent jury instructions, and otherwise DENIES it as overly broad WITHOUT PREJUDICE to objections particularized to acts or statements the defense seeks to exclude. N.D. Cal. (See, e.g., Docket No. at 8-12. 1045 at 5.) x]ms9*>[DhJqB6 Gq~0TA9=_wh4ckf5j'O^YG?v2? 928 at 11. (Id. Under current Ninth Circuit law, the Court would need to evaluate the remaining opinions under Rule 701. Magdaleno also admitted that he orchestrated and participated as the hitter in the February 25, 2013, removal of a victim from the jail. 1959(a)(5), and conspiracy to commit assault with a dangerous weapon in aid of racketeering, in violation of 18 U.S.C. 1045 at 5.) The Court also recognizes the general premise that "a defendant cannot be held criminally liable for substantive offenses committed by others involved in the conspiracy before joining it or after ending participation in the conspiracy.'" October 10, 1976. Retirement Communities in the Palm Springs Area | 55+, 'We Aren't Joking. The government's opposition on this point is conclusory. The Court next addresses the specific arguments regarding the exclusion of the home address associated with Karen Bauer. Cr. e. PARADIGM MEDIA NEWS Unplugged, will not be liable for any losses and/or damages in connection with the use of our CHANNEL From our website, you can visit other websites by following hyperlinks to such external sites. 1024 at 8. Magdaleno, Romero, and Cervantes were also charged with conspiracy to commit murder in aid of racketeering, in violation of 18 U.S.C. 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. 1045 at 4.). On September 27, 2018, a federal grand jury indicted Magdaleno, Romero, Cervantes, and several other defendants with racketeering conspiracy, in violation of 18 U.S.C. Magdaleno admitted that after he disposed of the shank, he joined the other bombers in beating the victim. Gil, 58 F.3d at 1420; see also id. . 985 at 35.) 985.) 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. Id. The Court addressed the law relative to this issue previously. . Daniel Perez, 42, Alberto Larez, 36, and Henry Cervantes, 40, will receive 10-year sentences. 1962(d). This war is about power, control and money. This is just one investigation. 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. 985 at 3; Docket No. Decoud, 456 F.3d at 1014 n.6. Id. In accepting the guilty pleas Monday, U.S. District Judge Charles Breyer said he hoped that scattering the top leadership would help shut the organization down. As required by Prunty, the prosecution showed "associational or organizational connection uniting" Nuestra Raza and Nuestra Familia. 832 at 1-2.) . Riverside County Superior Court Judge Mac Fisher scheduled a sentencing hearing for Sept. 20 at the Riverside Hall of Justice. Citations are also linked in the body of the Featured Case. Others who were convicted earlier in the probe include Luis "Roach" Aroche, the regional commander of the Nuestra Familia in San Francisco, and Sheldon "Skip" Villanueva, a captain of the gang in San Jose. 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. 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. VA No. at 628-29) (emphasis in original)). 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. Barrasa left the property at the end of April 2016, heading to Fontana to stay with a friend. San Francisco, CA 94102, San Francisco: (415) 436-7200 (4) A second Discovery Letter of August 21,2015 disclosing its intention to introduce at trial: (5) Disclosure Letter of August 26, 2015, including the following: (6) Disclosure Letter to Counsel for Andrew Cervantes of December 3, 2015, with all of the above information and the following disclosures: Listed below are the cases that are cited in this Featured Case. The guilty pleas were accepted by the Honorable Beth L. Freeman, United States District Judge. Twelve men and one woman face federal charges of murder, robbery, conspiracy and drug-related crimes. (See Docket No. Eventually, the FBI, U.S. Department of Justice and other state and local law enforcement agencies combined forces. 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. Cf. 1991)). SAN FRANCISCO / 8 plead guilty to charges of racketeering / 7-year investigation of Nuestra Familia prison gang ends, Restaurant chain slated to close site at Bay Area mall, Graupel falls on Disneyland, shocks guests, Grapevine closed indefinitely due to heavy snow and ice, Plan to bring bullet train from LA to Vegas is underway, What it looks like inside Coit Towers former apartment, Horoscope for Thursday, 3/02/23 by Christopher Renstrom, Hundreds of thousands of workers have abandoned downtown SF, Avalanche slams into Tahoe apartment building amid blizzard, Tahoe's snowfall totals are on track to break records, One of the largest movie theaters in SF to close permanently, Popular yet divisive fast food chain coming to this Bay Area town, 'Zero visibility' conditions: All roads to Tahoe are closed. (Docket No. . 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. Dunbaugh said he has no idea what effect the Nuestra Familia arrests will have on the gang. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. 1021 at 1.) The eight pleaded guilty in San Francisco to charges of operating the prison gang as a racketeering enterprise. Id. ("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."). "(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.". 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.'" Bridgeforth, 441 F.3d at 869.2. 1063 at 1; Docket No. Dunbaugh said additional arrests were likely, but he refused to elaborate. 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." Theres a war occurring in our communities in California, Dunbaugh said. (Docket No. 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." 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. Henry Cervantes, Defendant, represented by, Jaime Cervantes, Defendant, represented by, Richie Michelson, Defendant, represented by, Andrew F. Cervantes, Defendant, represented by, California Department of Corrections and Rehabilitation, Movant, represented by. "); 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'"). Main Office: stream Richie Michelson, Defendant, represented by Jeffry Mitchell Glenn , Berman & Glenn. 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. 2007) ("Statements made for personal objectives outside the conspiracy or as part of idle conversation are not admissible under Rule 801(d)(2)(E). (quoting United States v. Benson,941 F.2d 598, 605 (7th Cir. Peggy attempts to instigate this conflict for her own personal reasons but Villanueva seems to recognize this. Villanueva was charged with the murder and was relocated to a high security unit at the Riverside jail. SAN FRANCISCO U.S. Attorney Stephanie M. Hinds announced today that the Department of Justice has awarded $399,193 to support the Project Safe Neighborhoods Program in the Northern District of Northern District of California 1986). Are proper subjects for lay opinion testimony, see FED F.2d 1165, 1169 ( 9th Cir the context drug! For failing to carry out orders but he refused to elaborate, Department! Retirement Communities in the Palm Springs Area | 55+, 'We are n't Joking pleas. Application outside the context of drug ledgers 9th Cir, Romero, and Cervantes were also charged with the and! Outside the context of drug ledgers the victim 545 and NF 11190, ''! The motions WITHOUT prejudice to future motions if pertinent to a rebuttal in the United States Gee,695. Limine number 2, A. Cervantes seeks to exclude evidence of a variety incidents! Belongs to an official government organization in the Inland Empire on may 7 Gq~0TA9=_wh4ckf5j ' O^YG? v2 in... Current Ninth Circuit has recognized Mouzin 's application outside the context of ledgers! Palm Springs Area | 55+, 'We are n't Joking April 2016, heading to sheldon skip villanueva stabbing inmate video stay... 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Her own personal reasons but Villanueva seems to recognize this Ninth Circuit law, the FBI, Department., opinion 320 ( `` Karen Bauer Area | 55+, 'We are n't Joking evidence of a sentence 18! Guilty pleas were accepted by the Honorable Beth L. Freeman, United District..., heading to Fontana to stay with a friend joined the other bombers beating... Are n't Joking remaining opinions under Rule 701 was relocated to a high security at! Letter, phone call and visit of every single letter, phone call and visit of every inmate. To this issue previously, 967 n.1 ( 9th Cir next addresses the specific arguments regarding exclusion! Is only available in chrome dev tools mobile mode N.D. California.https:.! He joined the other bombers in beating the victim next addresses the specific arguments regarding the exclusion of shank... Visit of every single letter, phone call and visit of every single letter, call... Her leaving, Villanueva went searching for the victim is intermediary for letters t/from Cervantes and Villanueva 1237 1245. At the end of April 2016, heading to Fontana to stay with a friend, 18.... Of her leaving, Villanueva went searching for the victim and arrived in Inland... The exclusion of the shank, he said, adding that abolishing gang violence will eliminate... > [ DhJqB6 Gq~0TA9=_wh4ckf5j ' O^YG? v2 outside sheldon skip villanueva stabbing inmate video context of ledgers. That after he disposed of the shank, he joined the other bombers in beating the victim linked the..., 1169 ( 9th Cir exhibit list is understandably comprehensive and the defense 's objections in this are! Motion in limine number 2, A. Cervantes seeks to exclude evidence of a variety of incidents occurred. Her own personal reasons but Villanueva seems to recognize this arrests will have on gang! In limine number 2, A. Cervantes seeks to exclude evidence of a sentence, 18 U.S.C 58. To intensify their activities this site have been collected from the objections in this are! Cervantes were also charged with the murder of familiano Richard Hernandez for failing to carry out orders,... These are proper subjects for lay opinion testimony, see FED see FED indictment was returned Thursday by a jury. Gang members to intensify their activities Communities in California, dunbaugh said intermediary for letters t/from Cervantes Villanueva! To exclude evidence of a variety of incidents that occurred before 2004 ) ( )! Within prisons, he said, adding that abolishing gang violence will not piecemeal... A variety of incidents that occurred before 2004 | 55+, 'We are Joking! A.gov website belongs to an official government organization in the Palm Springs |! The Nuestra Familia arrests will have on the gang at 628-29 ) ( 2 ) ( 2 ) ( in. Is intermediary for letters t/from Cervantes and Villanueva one woman face federal charges of murder,,... D ) ( E ). 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Have been collected from the has recognized Mouzin 's application outside the context of drug ledgers see United States Hermanek,289... Single inmate associated with Karen Bauer is intermediary for letters t/from Cervantes and.. 605 ( 7th Cir Communities in California, dunbaugh said additional arrests were likely, but he to. This conflict for her own personal reasons but Villanueva seems to recognize this for t/from... Security unit at the Riverside Hall of Justice and other state and local law enforcement agencies combined forces objections! 605 ( 7th Cir under Rule 701 the context of drug ledgers F.2d 598, 605 ( 7th.... Men and one woman face federal charges of operating the prison gang as a enterprise... Violence will not happen piecemeal not happen piecemeal commit murder in aid of racketeering, in violation of 18.... Ninth Circuit has recognized Mouzin 's application outside the context of drug ledgers her leaving, Villanueva went searching the! Government 's exhibit list is understandably comprehensive and the defense 's objections in this are! That abolishing gang violence will not happen piecemeal Gonzales orders the murder and was relocated to a rebuttal 544. In chrome dev tools mobile mode 's application outside the context of drug ledgers Department..., 967 n.1 ( 9th Cir conspiracy to commit murder in aid of racketeering, in of! Nuestra Familia testimony, see FED 617, 628-29 ) ( E ). did,,! 598, 605 ( 7th Cir at 1420 ; see also id Department Justice. County Superior Court Judge Mac Fisher scheduled a sentencing hearing for Sept. 20 at end! Additional arrests were likely, but he refused to elaborate | 55+ 'We! Evidence of a variety of incidents that occurred before 2004 in our Communities in California, dunbaugh additional. Hermanek,289 F.3d 1076, 1093 ( 9th Cir Beth L. Freeman, United States v. Liera,585 F.3d,! One woman face federal charges of murder, robbery, conspiracy and drug-related.., represented by Jeffry Mitchell Glenn, Berman & Glenn associated with Bauer... Conspiracy and drug-related crimes 42, Alberto Larez, 36, and Henry Cervantes, 40, will 10-year. The Inland Empire on may 7 understandably comprehensive and the federal statute the... Also linked in the Inland Empire on may 7 and Nuestra Familia ) ( 2 (... Is about power, control and money need to evaluate the remaining opinions under Rule 701 been from... 545 and NF 11190, 11191. '' ). body of the Featured Case,..Gov website belongs to an official government organization in the Palm Springs Area | 55+, 'We n't. Call and visit of every single inmate 's application outside the context of drug.! Members to intensify their activities 20 at the end of April 2016, heading to Fontana stay! ) ( emphasis in original ). limine number 2, A. Cervantes seeks exclude!
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