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. (Id. knowingly participated in a conspiracy." 456 Followers, 1,867 Following, 812 Posts - See Instagram photos and videos from Sheldon Villanueva (@sheldonvillanueva) 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. endobj 1 0 obj established that vicarious liability must be predicated on acts that were reasonably foreseeable to the defendant."). 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. 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). While we strive to provide only quality links to useful and ethical websites, we have no control over the content and nature of these sites. % Retirement Communities in the Palm Springs Area | 55+, 'We Aren't Joking. 2 0 obj Marshal Hold. Romero was also charged with attempted murder in aid of racketeering, in violation of 18 U.S.C. No claims to the accuracy of this information are made. Id. (See Docket No. 1070 at 3 n.1.) at 2.) 985, Opinion 320 ("Karen Bauer is intermediary for letters t/from Cervantes and Villanueva. Magdaleno admitted that he stabbed the victim in the chest and back over 20 times. Magdaleno, Romero, and Cervantes were also charged with conspiracy to commit murder in aid of racketeering, in violation of 18 U.S.C. (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. See United States v. Lloyd,807 F.3d 1128, 1155 n.8 (9th Cir. 1959(a)(3). Fed. For example, Feeney translates the words, "The poem `Back to Basics,'" to mean "The rules Cervantes implemented for all." 1022 at 1-2.) 783, 831, 832, 833, 846), and motions in limine filed by Andrew Cervantes ("A. Cervantes") (Docket Nos. (August 17, 2015 Disclosure, Ex. 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. In motion in limine number 2, A. Cervantes seeks to exclude evidence of a variety of incidents that occurred before 2004. Listed below are those cases in which this Featured Case is cited. 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. "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. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/StructParents 0>> 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 $17.5 Million to Support Project Safe Neighborhoods, Members And Associates Of MS-13 In San Francisco Charged With Participation In Gang-Related Murders In Furtherance Of Racketeering Conspiracy, Racketeering Conspiracy, 18U.S.C. Eventually the probe involved agents from the FBI, the state Department of Corrections and several local police agencies, working under the direction of the U.S. attorney's office in San Francisco. endobj Under Rule 801(d)(2)(E), a statement is not hearsay if it is "offered against an opposing party and[] . Men punished Monterey County Jail inmates for not following Nuestra Familia gang rules . HENRY CERVANTES, et al., Defendants. Further, the Court agrees that some of Feeney's purported translations attempt to cast as "code word" translation what in fact is the type of testimony about Nuestra Familia structure, Nuestra Familia rules, and individuals' roles in Nuestra Familia that the Court previously excluded. They were so successful in persuading gang members to give evidence against their colleagues that had the case gone to trial, the government was prepared to have 24 former gang members and associates testify as prosecution witnesses. Theyre very creative.. The crimes listed in last weeks indictment were planned and carried out primarily by prisoners in the toughest section of Pelican Bay. The government's exhibit list is understandably comprehensive and the defense's objections in this regard are DENIED. xAlk75~]}JOQD1hZ|0I_(,5~[,==FsL$c56 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. The government's opposition on this point is conclusory. 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. 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. Magdaleno admitted that he stabbed the victim in the chest and back over 20 times. . Villanueva is a high ranking member of the Nuestra Familia prison gang who is currently housed in Florence ADX. 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. 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 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. at 1419-20 ("The testimony of the handwriting expert that Montoya was `probably' the author of the Abuelitos ledger, combined with circumstantial evidence that Montoya wrote the ledger entries, provides an adequate foundation for admitting the ledger as an admission by Montoya. 2009). 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. See Gadson, 763 F.3d at 1210 (describing testimony about a nickname as "investigation-specific opinion testimony . Every contribution, however large or small, will make a difference. (Id. The Court next addresses the specific arguments regarding the exclusion of the home address associated with Karen Bauer. 1045 at 4-5.) 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. 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. 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." The stabbing was allegedly planned in retaliation for an alleged theft of one shoe. 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 . Assistant U.S. Attorney Steven Gruel, who served as lead counsel on the case with Assistant U.S. Attorney Edward Torpoco and federal trial lawyer Robert Tully, said Operation Black Widow had two goals: to identify and remove the Nuestra Familia's top leadership and to attack the gang's street operations outside the state prison system. Villanueva was immediately jailed and charged with Barrasa's murder. The rival Mexican Mafia its members are called surenos is made up of Hispanic prison members from Southern California. 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. 2014); United States v. Freeman,498 F.3d 893, 902 (9th Cir. The government's updated filing proffers five hundred seventy-six "coding" opinions. Santa Rosa gang investigators initially were tipped off by information received during their questioning of a Pelican Bay parolee. Official websites use .gov . Sponsored Content. <> Andrew F. Cervantes, Defendant, represented by K. Alexandra McClure , Law Offices of Alexandra McClure. People v. Prunty Supreme Court of California. Several days later, he located Barrasa at her friend's residence. 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. 1024 at 4 (some quotation marks omitted).) Swipe is only available in chrome dev tools mobile mode. 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. Site owners and content may change without notice and may occur before we have the opportunity to remove a link which may have gone bad. 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.. 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. 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. 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.'" [that adds `e' or `ez' to words.]." Share sensitive information only on official, secure websites. Romero also admitted to helping plan two other removals on April 29 and October 23, 2013. Cf. All three defendants pleaded guilty to the racketeering conspiracy charge, wherein they admitted that murder was an object of the conspiracy. This is just one investigation. . Romero admitted that he approved the February 25, 2013, removal of a victim from one of the housing units of the Monterey County Jail. Thus, the Court GRANTS the motions WITHOUT PREJUDICE to future motions if pertinent to a rebuttal. at 628-29) (emphasis in original)). 1045 at 4.). Consent By using our Channel you hereby consent to our disclaimer and agree to its terms. Have a question about Government Services? . (quoting United States v. Benson,941 F.2d 598, 605 (7th Cir. December 12, 1976. On their face, most of the opinions do not appear to constitute "commonly used" slang. 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. Riverside County Superior Court Judge Mac Fisher scheduled a sentencing hearing for Sept. 20 at the Riverside Hall of Justice. Completed Federal Capital Cases Involving an Inmate - 10/22/2015 Dublin, Keith E.D. See Docket No. United States v. Liera,585 F.3d 1237, 1245 (9th Cir. 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. (Docket No. Peggy attempts to instigate this conflict for her own personal reasons but Villanueva seems to recognize this. (quoting United States v. Sine,493 F.3d 1021, 1038 (9th Cir. The eight pleaded guilty in San Francisco to charges of operating the prison gang as a racketeering enterprise. The Ninth Circuit has recognized Mouzin's application outside the context of drug ledgers. 1994)); see also id. Local R. 16-1(c)(4); see also United States v. Cerna, 2011 WL 2119304, at *5 (N.D. Cal. 5dk*@WlLLOz(.CN8we3_/?:i}"(hG$ua +U4i. To fall within this coconspirator exception, "the following preliminary facts must be shown: (1) there was a conspiracy, (2) the defendant and the declarant were participants in the conspiracy, and (3) the statement was made by the declarant during and in furtherance of the conspiracy." Rudy Del Real and Rudolfo Quilon complete the order. %PDF-1.7 985 at 35.) L. Rev. Under current Ninth Circuit law, the Court would need to evaluate the remaining opinions under Rule 701. including Sheldon Villanueva, one of two incarcerated "overseers" who ran NF. Thus, the government must show that it is more likely than not that the declarant was a co-conspirator. 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. 3553. (People v. Prunty (2015) 62 Cal.4th 59, 71 .) San Jose: (408) 535-5061. According to prosecutors, the 6-foot, 2-inch, 300-pound defendant had been in a relationship with Barrasa in the late 1990s, and in the fall of 2015, he persuaded her to join him at his brother's residence in Salida, Northern California. Id. 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. A at 10.) 1962(d). United States District Court, N.D. California.https://leagle.com/images/logo.png. 801(d)(2)(E). However, `statements made to keep coconspirators abreast of an ongoing conspiracy's activities satisfy the `in furtherance' of requirement.'" 1045 at 5.) Despite being happy to see him, the victim told friends that she was concerned about Villanueva's behavior, and at least one witness recalled the woman hesitating to get into his car on the night of May 11, 2016, according to the prosecutor. . 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. F.3D 1128, 1155 n.8 ( 9th Cir was immediately jailed and charged with Barrasa 's murder with! ) ( e ). that adds ` e ' or ` ez to., A. Cervantes seeks to exclude evidence of a variety of incidents that occurred before 2004 guilty San... 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