They have rights and we cant stop communications, he said. Rather, the government "must produce some independent evidence which, viewed in light of the coconspirator statements, establishes the requisite connection between the accused and the conspiracy. This proffered translation falls squarely within the rubric of one constituting "lay opinions about the meaning of intercepted phone calls, . 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. 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 . Magdaleno also admitted that he orchestrated and participated as the hitter in the February 25, 2013, removal of a victim from the jail. . See, e.g., United States v. Moran,493 F.3d 1002, 1010 (9th Cir. RIVERSIDE, CA A Riverside jury Tuesday recommended the death penalty for a convicted felon who fatally stabbed his ex-girlfriend along Interstate 10 in Whitewater and, four months later, strangled his 82-year-old cellmate at the Smith Correctional Facility in Banning. Henry Cervantes, Vidal Fabela, David Rocha and Diana Vasquez were arrested at several locations across Northern California on Friday, Dunbaugh said. "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. 2002)); see also United States v. Williams, 2016 WL 899145, at *8 (N.D. Cal. An official website of the United States government. 831 at 3.) Thus, the government must show that it is more likely than not that the declarant was a co-conspirator. Riverside County Superior Court Judge Mac Fisher scheduled a sentencing hearing for Sept. 20 at the Riverside Hall of Justice. Id. Id. exclude any statement that does not meet the requirements of the rule." PARADIGM MEDIA NEWS Channel is in compliance with 17 U.S.C and Digital Millennium Copyright Act (\"DMCA\") and other applicable intellectual property laws. See Vera, 770 F.3d at 1241. (Docket No. (Id. However, with respect to those alleged coconspirators not charged, e.g., Skip Villanueva, a sufficient proffer has not been made. Under current Ninth Circuit law, the Court would need to evaluate the remaining opinions under Rule 701. Also, previously, this Court excluded "opinions identifying specific individuals holding positions in Nuestra Familia . 1962(d). In sum, the Court GRANTS IN PART AND DENIES IN PART A. Cervantes's motion in limine number 4. was made by the party's coconspirator during and in furtherance of the conspiracy." Consent By using our Channel you hereby consent to our disclaimer and agree to its terms. . However, the Court also recognizes that the conspiracy alleged is much broader than the defendants would like to admit. The Court addressed the law relative to this issue previously. No claims to the accuracy of this information are made. 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. "The statement alone is insufficient to prove these preliminary facts." 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. Theres a war occurring in our communities in California, Dunbaugh said. . The $5 million investigation turned up evidence that the Nuestra Familia dealt drugs, committed burglaries, robberies and murders and trafficked in illegal weapons. See United States v. Gee,695 F.2d 1165, 1169 (9th Cir. United States v. Mouzin,785 F.2d 682, 692 (9th Cir. 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. 450 Golden Gate Avenue 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. Swipe is only available in chrome dev tools mobile mode. endobj (See Docket No. Gang rules and discipline are maintained by assaulting and threatening those individuals who violate the rules or pose a threat to the organization. The stabbing was allegedly planned in retaliation for an alleged theft of one shoe. (See Docket No. Scores of other members and associates have pleaded guilty to charges arising from the investigation. 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. at 628-29) (emphasis in original)). 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. 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. "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.". All six lived in the Secure Housing Unit, a prison within a prison at Pelican Bay, and all were eligible for parole. Its about drugs, crime and victimization.. (quoting United States v. Sine,493 F.3d 1021, 1038 (9th Cir. The indictments cap a three-year, $5 million undercover investigation code-named Operation Black Widow. A at 10.) Secure .gov websites use HTTPS Lock Main Office: The Enterprise consisted of members and associates of the Nuestra Familia prison gang as well as Norteo street gangs in Salinas, Calif., and the surrounding areas. Within a week of her leaving, Villanueva went searching for the victim and arrived in the Inland Empire on May 7. A .gov website belongs to an official government organization in the United States. They are the two most powerful prison gangs in the state prison system, officials say. Joe Gonzales orders the murder of familiano Richard Hernandez for failing to carry out orders. (See Docket No. 1994)); see also id. 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. The crimes listed in last weeks indictment were planned and carried out primarily by prisoners in the toughest section of Pelican Bay. Id. 985, Opinion 320 ("Karen Bauer is intermediary for letters t/from Cervantes and Villanueva. Gil, 58 F.3d at 1420; see also id. To request removal of your name from an arrest report, submit these required items to arrestreports@patch.com. with id. California Highway Patrol officers encountered Villanueva a quarter- mile west of the scene, walking in the freeway center median. . %PDF-1.7 . Have him hit, stabbed, killed." 617, 628-29) (emphasis in original). The Court ordered identification of each opinion sought to be admitted as expert or lay testimony, and the government once again takes the approach that each opinion constitutes expert testimony. 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. 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. 1021, 1022, 1023, 1024). Richie Michelson, Defendant, represented by Jeffry Mitchell Glenn , Berman & Glenn. 1959(a)(3). subject to the requirements of Federal Rule of Evidence 701," Vera, 770 F.3d at 1242; see also Gadson, 763 F.3d at 1210. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. This was seven weeks before the first witness. Thus: "`due process constrains the application of Pinkerton where the relationship between the defendant and the substantive offense is slight,' and . 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. Click the citation to see the full text of the cited case. A lock ( 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. 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. Sponsored Content. 832 at 1-2.) Further, basic statements of law stemming from Pinkerton v. United States,328 U.S. 640 (1946) are not in dispute. 1959(a)(5), and assault with a dangerous weapon in aid of racketeering, in violation of 18 U.S.C. )3 Having reviewed the filing, the Court finds that virtually all of the "opinions" relate to investigation-specific terms that lack any fixed meaning or that fall outside the category of commonly-used slang or jargon, and for which Feeney does not explain how his opinions result from a reliable expert methodology. 2014); United States v. Freeman,498 F.3d 893, 902 (9th Cir. 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. . Citations are also linked in the body of the Featured Case. . 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." He is not welcome in the prisons. 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." (Id.) Parry said Monday that changes in Corrections Department policy would be made, but he refused to provide details. See United States v. Lloyd,807 F.3d 1128, 1155 n.8 (9th Cir. . Thus, the Court excludes expert testimony regarding the Bauer address under Rule 702. (citations omitted)); United States v. Cerna, 2011 WL 2119304, at *3 (N.D. Cal. While the government need show only a slight connection with the conspiracy, the independent evidence must be `fairly incriminating: . Romero also admitted to helping plan two other removals on April 29 and October 23, 2013. The eight pleaded guilty in San Francisco to charges of operating the prison gang as a racketeering enterprise. The Court already has held these types of opinions to be improper expert testimony. The guilty pleas were accepted by the Honorable Beth L. Freeman, United States District Judge. 2008). ("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."). "The defendant expressed that Barrasa had his heart, which Barrasa responded to by laughing," Orlando said. 15 year old Carlos "Casper" Silva a Preston parolee is arrested murders 3 people witin a seven week span on behalf of Nuestra familia. In filings relating to A. Cervantes's motions in limine and H. Cervantes's motions in limine, and in argument before the Court, the parties have disagreed as to the proper standard to admit a statement under Rule 801(d)(2)(E). Retirement Communities in the Palm Springs Area | 55+, 'We Aren't Joking. However, any sentence will be imposed by the court only after consideration of the U.S. 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. (People v. Prunty (2015) 62 Cal.4th 59, 71 .) 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). However, `statements made to keep coconspirators abreast of an ongoing conspiracy's activities satisfy the `in furtherance' of requirement.'" 985 at 35.) Members and associates of the Enterprise agreed to commit crimes such as murder, narcotics trafficking, and other acts of violence through a pattern of racketeering activity. Official websites use .gov 1024 at 8. 928 at 15.) "(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 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. "Of course, identification of the declarant will not, by itself, establish a proper foundation unless the identified declarant is a co-conspirator whose assertions were made in furtherance of and in the course of the conspiracy." This war is about power, control and money. ; Docket No. Alberto Larez, Defendant, represented by Brian H. Getz , Law Offices of Brian H Getz. . Ex2]z)IxjB,&,EQf5N_p$x(nP{y)L1Mk U$WgVV,t$xQO].6Gn%lW Z[L&[S~;lCkwB%3t:83](R=}G|~,XhmrBk$n-{KKql~2 :EqaJ.Rv5. Magdaleno, Romero, and Cervantes were also charged with conspiracy to commit murder in aid of racketeering, in violation of 18 U.S.C. 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."). Still, because the Court lacks bases for these opinions, the Court is not in a position at this time to rule on their admissibility one-by-one. 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.. 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. Fed. 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. <> It will not eliminate the hate and prejudice within prisons, he said, adding that abolishing gang violence will not happen piecemeal. 1959(a)(5), and conspiracy to commit assault with a dangerous weapon in aid of racketeering, in violation of 18 U.S.C. There are mature, veteran gang members directing street gangs throughout California to conduct their crimes.. Every contribution, however large or small, will make a difference. 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." 1045 at 5.) . 702; see Docket No. ." 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. (quoting Arreola, 34 Am. Cr. (Id.) Romero admitted that he approved the February 25, 2013, removal of a victim from one of the housing units of the Monterey County Jail. 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