Andrew F. Cervantes, Defendant, represented by K. Alexandra McClure , Law Offices of Alexandra McClure. . He did, however, express concern the arrests may cause rival gang members to intensify their activities. See United States v. Garcia,793 F.3d 1194, 1213 (10th Cir. (quoting United States v. Sine,493 F.3d 1021, 1038 (9th Cir. (See Docket No. 801(d)(2)(E) in sufficient detail that the Court may rule on the admissibility of the statement." In their plea agreements, Magdaleno, Romero, and Cervantes admit to participating in the distribution of narcotics to other inmates at Monterey County Jail. Richie Michelson, Defendant, represented by Jeffry Mitchell Glenn , Berman & Glenn. . 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. Fed. "); 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'"). 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. (People v. Prunty (2015) 62 Cal.4th 59, 71 .) The Court next addresses the specific arguments regarding the exclusion of the home address associated with Karen Bauer. See Docket No. Feeney also translates the words, "Take care of her things to do list for the summer," to mean "Hit (kill) Demon." [a] summary of any statement the government intends to offer under F. R. Evid. She had been stabbed 34 times with a screwdriver, with the wounds patterned like an X across her upper body, according to Orlando. Cf. "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. 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. For example, Magdaleno admitted that he orchestrated and participated as the hitter in the December 2, 2012, removal of a victim from the jail. Castaneda, 16 F.3d at 1507. Id. Eventually, the FBI, U.S. Department of Justice and other state and local law enforcement agencies combined forces. They have rights and we cant stop communications, he said. Perez will not begin serving his sentence until he has completed a separate six-year state prison. Theres a war occurring in our communities in California, Dunbaugh said. A .gov website belongs to an official government organization in the United States. 1959(a)(3). 15 year old Carlos "Casper" Silva a Preston parolee is arrested murders 3 people witin a seven week span on behalf of Nuestra familia. SANTA ROSA, Calif. (AP) Police Chief Mike Dunbaugh likens the recent arrests of 13 Nuestra Familia gang members, including six Pelican Bay State Prison inmates, to cutting the head off a poisonous snake.. In this specific call, Villanueva discusses problems that Peggy has been having with a fellow NF member by the name of Saragoza Capone Sanchez. Henry Cervantes, Defendant, represented by John Timothy Philipsborn , Attorney at Law. var obConfig = { footer: '' }; Bookmarks are saved to your account and can be accessed from any device. 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. Voices for Children CASA Volunteer Information Session! 985.) 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. 617, 628-29) (emphasis in original). 2013, defendant Carlos Cervantes, aka "Lil Huero" and "Doug," stabbed and slashed the victim's head . Villanueva was immediately jailed and charged with Barrasa's murder. These links to other websites do not imply a recommendation for all the content found on these sites. Under Rule 801(d)(2)(E), a statement is not hearsay if it is "offered against an opposing party and[] . Thus, the government must show that it is more likely than not that the declarant was a co-conspirator. ("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." 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. (See Docket No. . Id. Judge Freeman scheduled the sentencing hearing for Cervantes for May 19, 2020; and the sentencing hearings for Magdaleno and Romero for June 23, 2020. 1959(a)(5), and conspiracy to commit assault with a dangerous weapon in aid of racketeering, in violation of 18 U.S.C. 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). Have him hit, stabbed, killed." . 985 at 37, Opinion Number 546.) See Sheldon 's Criminal Record. 9, 2016) ("That gang expert testimony on symbols, code words, and the like has generally been admitted in this district does not mean that it is admissible irrespective of its reliability or helpfulness to the jury."). To request removal of your name from an arrest report, submit these required items to arrestreports@patch.com. It will not eliminate the hate and prejudice within prisons, he said, adding that abolishing gang violence will not happen piecemeal. While the government need show only a slight connection with the conspiracy, the independent evidence must be `fairly incriminating: . Listed below are those cases in which this Featured Case is cited. 1986). Magdaleno also admitted that he orchestrated and participated as the hitter in the February 25, 2013, removal of a victim from the jail. (PARADIGMMEDIA) Unplugged, does not make any warranties about the completeness, reliability and accuracy of this information. Under current Ninth Circuit law, the Court would need to evaluate the remaining opinions under Rule 701. a Pinkerton instruction would violate due process [in a case where there only was a] slight connection between [a] [defendant] and [a] conspiracy.'" Prosecutors said the group's top officers issued orders to their associates on the streets from inside the security housing unit at California's toughest lockup, Pelican Bay State Prison. 2006). 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.'" Shane Bowman, Defendant, represented by Julia Mezhinsky Jayne , Jayne Law Group, P.C.. Jaime Cervantes, Defendant, represented by Randy Sue Pollock , Attorney at Law. Villanueva also conveyed to the same inmate that he wanted to "choke" Carlin. Share sensitive information only on official, secure websites. 3 0 obj 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). Each admitted to having participated in at least two homicides as part of his guilty plea. N.D. Cal. 2015) (citing Mouzin in the context of purported Rule 801(d)(2)(E) statements made by "unidentified telemarketers"). United States v. Bridgeforth,441 F.3d 864, 869 (9th Cir. 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. 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. Id. The proffered expert "translation" reads: "Call Ernest Killinger (aka Polvo/Powder) and tell him that Tobias Vigil (Demonito) is not fulfilling his obligations and is no good. 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 . 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. Id. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/StructParents 0>> 2014); United States v. Freeman,498 F.3d 893, 902 (9th Cir. 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. May 27, 2011) ("Before trial, the government made a good faith effort to comply with the local rule and the scheduling orders and produced a comprehensive document summarizing over 400 statements, sorted by sponsoring witness. was made by the party's coconspirator during and in furtherance of the conspiracy." Barrasa left the property at the end of April 2016, heading to Fontana to stay with a friend. It was unsealed Friday. (See, e.g., Docket No. 1022 at 1-2.) 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." He was paired with Carlin in Housing Unit 17 at the Smith Correctional Facility. "The statement alone is insufficient to prove these preliminary facts." 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. Lock 985 at 3; Docket No. Magdaleno admitted that he stabbed the victim in the chest and back over 20 times. . Daniel Perez, 42, Alberto Larez, 36, and Henry Cervantes, 40, will receive 10-year sentences. The five gang members who will receive life sentences -- Gerald Rubalcaba, 49; James Morado, 49; Cornelio Tristan, 43; Joseph Raymond Hernandez, 54; and Tex Marin Hernandez, 49 -- were considered to be among the gang's highest-ranking officers. See Hermanek, 289 F.3d at 1095 n.7. Norteo gang members pledge their allegiance and loyalty to Nuestra Familia and are instructed on its rules, rituals, and obligations. Scores of other members and associates have pleaded guilty to charges arising from the investigation. Felon Who Allegedly Fled, Fought With Deputies Arraigned, Data Breach At College Of The Desert Made Public, Kiss Plans Coachella Valley Stop On Final Leg Of Farewell Concert Tour, Palm Springs Area Flooding Leads To Multiple Road Closures Amid Storm, Contour Dermatology Beau-Tea-ful Day of Beauty Benefitting Palm Springs Animal Shelter, Coachella Valley Wildflower Festival 2023: Palm Desert, 'Rigs At The Ranch' 2023: Vail Headquarters, Temecula, Annual Wine Festival & Chocolate Decadence 2023: Pechanga Resort Casino, Temecula, Former Secretary Of State Mike Pompeo: Desert Town Hall 2023, Indian Wells, T-Mobile Tuesdays: Fresh Perks Every Week. Mar. Romero admitted that he approved the February 25, 2013, removal of a victim from one of the housing units of the Monterey County Jail. These are proper subjects for lay opinion testimony, see FED. 2007) ("Statements made for personal objectives outside the conspiracy or as part of idle conversation are not admissible under Rule 801(d)(2)(E). 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." The government's opposition on this point is conclusory. For "cream of crop," the government's August 2015 disclosure includes the sentence: "The NF has a policy not to take people under their wing just for numbers[,] but rather quality. 833 at 4.) (quoting Arreola, 34 Am. 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. 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. (See id. The eight pleaded guilty in San Francisco to charges of operating the prison gang as a racketeering enterprise. TTY: (415) 436-7221, Oakland: (510) 637-3680 For example, Feeney translates the words, "The poem `Back to Basics,'" to mean "The rules Cervantes implemented for all." 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. Federal Courthouse 702; see Docket No. The prosecutor said that on the afternoon of Sept. 17, 2016, Villanueva knotted a bed sheet and used it to strangle the victim, trying to make it appear as though the senior had hung himself while sitting on the bedside commode. 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