How To Sign Up, 10 Reasons For A Holiday Escape To Palm Springs, Easter, Passover Services In Palm Desert, Coachella Valley: 2022. 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. . 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. Richie Michelson, Defendant, represented by Jeffry Mitchell Glenn , Berman & Glenn. R. Evid. They have rights and we cant stop communications, he said. [a] summary of any statement the government intends to offer under F. R. Evid. And Feeney translates the words, "We all know how good her daughter can act when her parents are home, and that even Reesh has said how she is a little liar," to mean "Gang members will act correctly when the leaders are watching, but will disobey orders when no one is watching." 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). 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. 2014); United States v. Freeman,498 F.3d 893, 902 (9th Cir. . 1024 at 4 (some quotation marks omitted).) A lock ( at 8-12. at 628-29) (emphasis in original)). 783, 831, 832, 833, 846), and motions in limine filed by Andrew Cervantes ("A. Cervantes") (Docket Nos. (Docket No. 1045 at 4-5.) It's their reputation at stake." It has to be done with law enforcement coming together throughout California.. Sponsored Content. Magdaleno admitted that after he disposed of the shank, he joined the other bombers in beating the victim. Williams, 2016 WL 899145, at *6 ("To the extent that they are relevant and not unduly prejudicial, Sgt. N.D. Cal. 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. . 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. 928 at 13-16; id. "); 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'"). Joe Gonzales orders the murder of familiano Richard Hernandez for failing to carry out orders. "The defendant expressed that Barrasa had his heart, which Barrasa responded to by laughing," Orlando said. 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. Several days later, he located Barrasa at her friend's residence. v. In Decoud, for instance, "the expert gave a lengthy explanation of how he interpreted `diznerty' based on his understanding of a common speaking style . Please see the exhibits to the United States' Second Expert Disclosure, which provide detailed summaries of the content of the jail calls. Theyre very creative.. (See Docket No. 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 . ." Henry Cervantes, Defendant, represented by John Timothy Philipsborn , Attorney at Law. Barrasa left the property at the end of April 2016, heading to Fontana to stay with a friend. at 1246 (quoting United States v. Castaneda,16 F.3d 1504, 1507 (9th Cir. Id. 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. For instance, the government once again would have Feeney testify as an expert to what individual nicknames matched which defendants or alleged coconspirators in this case on the basis of listening to calls in this case. This war is about power, control and money. .'" Id. 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"). The government's updated filing proffers five hundred seventy-six "coding" opinions. She had been. "Rule 702 requires district courts to assure that an expert's methods for interpreting the new terminology are both reliable and adequately explained." However, any sentence will be imposed by the court only after consideration of the U.S. ("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." Cf. endobj The Court already has held these types of opinions to be improper expert testimony. Sanchez is living at the home with Peggy and is in a relationship with her daughter Coco. Dunbaugh said he has no idea what effect the Nuestra Familia arrests will have on the gang. Riverside County Superior Court Judge Mac Fisher scheduled a sentencing hearing for Sept. 20 at the Riverside Hall of Justice. United States v. Liera,585 F.3d 1237, 1245 (9th Cir. 928 at 10.). 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. This is just one investigation. 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. 1959(a)(6). 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 . 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. (Docket No. knowingly participated in a conspiracy." He is not welcome in the prisons. If they comply with their plea agreements, the additional charges will be dismissed at sentencing. Under Rule 801(d)(2)(E), a statement is not hearsay if it is "offered against an opposing party and[] . Romero admitted that he approved the February 25, 2013, removal of a victim from one of the housing units of the Monterey County Jail. 1045 at 5.) Share sensitive information only on official, secure websites. Peggy attempts to instigate this conflict for her own personal reasons but Villanueva seems to recognize this. (People v. Prunty (2015) 62 Cal.4th 59, 71 .) Id. (August 17, 2015 Disclosure, Ex. Gil, 58 F.3d at 1420; see also id. 1959(a)(5), and assault with a dangerous weapon in aid of racketeering, in violation of 18 U.S.C. 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. The $5 million investigation turned up evidence that the Nuestra Familia dealt drugs, committed burglaries, robberies and murders and trafficked in illegal weapons. Last month, the same jury convicted Villanueva of two counts of first- degree murder and found true a special circumstance allegation of taking multiple lives, making the defendant eligible for a death sentence. 2008). Have him hit, stabbed, killed." The Nuestra Familia gang its members are called nortenos originated within prison walls in 1965 as a means to protect Hispanic inmates from rural Northern California. 985, Opinion 320 ("Karen Bauer is intermediary for letters t/from Cervantes and Villanueva. (See Docket No. e. Finally, as noted above, the statement must be in furtherance of a particular conspiracy. xAlk75~]}JOQD1hZ|0I_(,5~[,==FsL$c56 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. In addition, "[t]o establish that the declarant knowingly participated in a conspiracy, `the government cannot rely solely on the [alleged] co-conspirator statements themselves.'" 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 . 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. a Pinkerton instruction would violate due process [in a case where there only was a] slight connection between [a] [defendant] and [a] conspiracy.'" See Gadson, 763 F.3d at 1210 (describing testimony about a nickname as "investigation-specific opinion testimony . In motion in limine number 2, A. Cervantes seeks to exclude evidence of a variety of incidents that occurred before 2004. 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. 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. See Sheldon 's Criminal Record. endobj See Garcia, 497 F.3d at 967 & n.1; United States v. Cruz-Ramirez, 2011 WL 5599630, at *5 (N.D. Cal. People v. Prunty Supreme Court of California. (See Docket No. Federal Courthouse Theres a war occurring in our communities in California, Dunbaugh said. 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." 928 at 11. Second, A. Cervantes requests a hearing to determine the admissibility of individual opinions and Feeney's methodology and, in the alternative, moves to exclude proffered opinions from Feeney that the government in its numbered expert opinion filing characterizes as expert testimony under Rule 702, but which could not meet the requirements of that rule and Ninth Circuit case law on expert "translations.". (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. L. Rev. . subject to the requirements of Federal Rule of Evidence 701," Vera, 770 F.3d at 1242; see also Gadson, 763 F.3d at 1210. 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. In their plea agreements, Magdaleno, Romero, and Cervantes admit to participating in the distribution of narcotics to other inmates at Monterey County Jail. Scores of other members and associates have pleaded guilty to charges arising from the investigation. Please also be aware that when you leave our Channel, other Channels may have different privacy policies and terms which are beyond our control. 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. United States v. Bridgeforth,441 F.3d 864, 869 (9th Cir. The Court addressed the law relative to this issue previously. Five of the defendants will be sentenced to life in federal prison, and three will get 10-year terms. Since its inception in the mid-1960s, officials said, the gang has been responsible for at least 300 killings statewide. United States District Court, N.D. California. . United States v. Garcia,497 F.3d 964, 967 n.1 (9th Cir. Your donation will help us continue to cover COVID-19 and our other vital local news. Thus, the Court excludes expert testimony regarding the Bauer address under Rule 702. Magdaleno also admitted that he orchestrated and participated as the hitter in the February 25, 2013, removal of a victim from the jail. 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). 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. 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. var obConfig = { footer: '' }; Bookmarks are saved to your account and can be accessed from any device. Crim. 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 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. See Docket No. R. EVID. Show more. 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. 1045 at 3) does not suffice. (Id.) However, with respect to those alleged coconspirators not charged, e.g., Skip Villanueva, a sufficient proffer has not been made. The rival Mexican Mafia its members are called surenos is made up of Hispanic prison members from Southern California. Garcia and Ramirez are in federal custody awaiting trial. 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