. "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.". (August 17, 2015 Disclosure, Ex. 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. 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. 1022 at 1-2.) It's their reputation at stake." Thus, the Court excludes expert testimony regarding the Bauer address under Rule 702. 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. United States District Court, N.D. California.https://leagle.com/images/logo.png. Consent By using our Channel you hereby consent to our disclaimer and agree to its terms. 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. 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. 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. 1024 at 4 (some quotation marks omitted).) 1021, 1022, 1023, 1024). 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 . He was paired with Carlin in Housing Unit 17 at the Smith Correctional Facility. ("To interpret the meaning of coded language encountered for the first time in the specific investigation at issue, however, an officer's qualifications, including his experience with narcotics investigations and intercepted communications, are relevant but not alone sufficient to satisfy Federal Rule of Evidence 702."). See United States v. Lloyd,807 F.3d 1128, 1155 n.8 (9th Cir. 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. 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. 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. 1070 at 3 n.1.) Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. Shasta County, Movant, represented by David M. Yorton , Attorney at Law. Thus, the government must show that it is more likely than not that the declarant was a co-conspirator. at 1246 (quoting United States v. Castaneda,16 F.3d 1504, 1507 (9th Cir. exclude any statement that does not meet the requirements of the rule." . This war is about power, control and money. Have him hit, stabbed, killed." The Court addressed the law relative to this issue previously. 1991)). However, the Court also recognizes that the conspiracy alleged is much broader than the defendants would like to admit. They are the two most powerful prison gangs in the state prison system, officials say. ("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."). id. Rather, they appear to be terms the meaning for which Feeney seeks to discern from his investigation of the Nuestra Familia organization itself, and this case, in particular. In motion in limine number 2, A. Cervantes seeks to exclude evidence of a variety of incidents that occurred before 2004. 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. . 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. Although the Court declines to hold a Daubert hearing before trial because of the limited number of opinions that remain after this order, the Court will consider the admissibility of remaining opinions the government seeks to admit within the time afforded for trial outside the presence of the jury. The 25-count indictment was returned Thursday by a grand jury that had heard testimony during the past year. . Also, previously, this Court excluded "opinions identifying specific individuals holding positions in Nuestra Familia . "); 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'"). at 628-29) (emphasis in original)). at 2.) Judge Freeman scheduled the sentencing hearing for Cervantes for May 19, 2020; and the sentencing hearings for Magdaleno and Romero for June 23, 2020. '$I6ysphgH0y2&r.B9td?y?86bpDC78v:7xuz0S,}2]x(x/QNWt&{jE% 3\= Qh.%9B.N@>aj@U4yz Perez will not begin serving his sentence until he has completed a separate six-year state prison. Parry said Monday that changes in Corrections Department policy would be made, but he refused to provide details. For example, Feeney translates the words, "The poem `Back to Basics,'" to mean "The rules Cervantes implemented for all." As required by Prunty, the prosecution showed "associational or organizational connection uniting" Nuestra Raza and Nuestra Familia. Romero was also charged with attempted murder in aid of racketeering, in violation of 18 U.S.C. (See Docket No. Cervantes acknowledged that immediately after the victim was stabbed, at least four bombers began punching and kicking the victim to allow Cervantes to escape being caught by guards with the stabbing weapon. VA No. The indictments cap a three-year, $5 million undercover investigation code-named Operation Black Widow. Cf. Villanueva was immediately jailed and charged with Barrasa's murder. "(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.". Inmates sneak out handwritten coded letters, or micro-writings, often transcribed and forwarded by their spouses and girlfriends and sometimes disguised as legal mail. 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. 985, Opinion 320 ("Karen Bauer is intermediary for letters t/from Cervantes and Villanueva. (footnote omitted)); id. Finally, with regard to conspiracy liability, if the government seeks to admit coconspirator statements made prior to H. Cervantes's entry into a charged conspiracyproven by independent evidencethen any purposes for which the jury may consider any such statements must be limited. The government's opposition on this point is conclusory. 1045 at 5.) R. EVID. 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. (Docket No. 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. PARADIGM MEDIA NEWS Channel is in compliance with 17 U.S.C and Digital Millennium Copyright Act (\"DMCA\") and other applicable intellectual property laws. Cr. Accordingly, the Court declines to address the merits of the parties' arguments with regard to whether the evidence at issue in these motions would be admissible outside the government's case in chief as premature. Romero admitted that he approved the February 25, 2013, removal of a victim from one of the housing units of the Monterey County Jail. 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. Henry Cervantes, Defendant, represented by John Timothy Philipsborn , Attorney at Law. They have rights and we cant stop communications, he said. Cf. or the fact of occurrences tied to Nuestra Familia. 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). Each admitted to having participated in at least two homicides as part of his guilty plea. See United States v. Garcia,793 F.3d 1194, 1213 (10th Cir. Dunbaugh said additional arrests were likely, but he refused to elaborate. Magdaleno admitted that he stabbed the victim in the chest and back over 20 times. 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. However, any sentence will be imposed by the court only after consideration of the U.S. 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. Theyre very creative.. 1962(d). (Docket No. (quoting United States v. Hermanek,289 F.3d 1076, 1093 (9th Cir. Surveillance video shows inmate unaided after stabbing Post and Courier 14.1K subscribers Subscribe 30K views 3 years ago Allen Jerome Capers, 32, died after a Dec. 31, 2017 attack in a. United States v. Bridgeforth,441 F.3d 864, 869 (9th Cir. Interpreting the facts and opining as to why individuals sent letters to Bauer fit into the latter category and identify a specific individual with a specific role. A locked padlock This was seven weeks before the first witness. (Id. 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. 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. 450 Golden Gate Avenue Cervantes also admitted that he was a bomber in the February 25, 2013, removal of a victim, and that he punched and kicked the victim to inflict the maximum damage possible and to allow the hitter to escape. Secure .gov websites use HTTPS 1045 at 3) does not suffice. 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. It was unsealed Friday. 2013, defendant Carlos Cervantes, aka "Lil Huero" and "Doug," stabbed and slashed the victim's head . (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. Peggy attempts to instigate this conflict for her own personal reasons but Villanueva seems to recognize this. Decoud, 456 F.3d at 1014 n.6. v. % . Compare NF 544, 545 and NF 11190, 11191.").) 1959(a)(3). TTY: (415) 436-7221, Oakland: (510) 637-3680 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. Villanueva is part of the NF's federal faction and this was during what could be identified as the peak time where the power struggle was just developing between the state and federal factions. . . 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. . United States v. Osazuwa,564 F.3d 1169, 1176 (9th Cir. When they attempted to question him, the defendant took off running and resisted officers when they caught up to him, prompting them to deploy a Taser to gain control and handcuff him. 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. HENRY CERVANTES, et al., Defendants. 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. For example, Magdaleno admitted that he orchestrated and participated as the hitter in the December 2, 2012, removal of a victim from the jail. 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. Scores of other members and associates have pleaded guilty to charges arising from the investigation. Your donation will help us continue to cover COVID-19 and our other vital local news. 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 . October 10, 1976. It has to be done with law enforcement coming together throughout California.. The Court already has held these types of opinions to be improper expert testimony. San Jose: (408) 535-5061. (Id. Charges #1 U.S. xAlk75~]}JOQD1hZ|0I_(,5~[,==FsL$c56 . Sanchez is living at the home with Peggy and is in a relationship with her daughter Coco. Marshal Hold. Id. "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." Incidents that occurred before 2004, 1176 ( 9th Cir paired with Carlin in Housing Unit 17 at the Correctional. The conspiracy alleged is much broader than the defendants would like to admit Opinion 320 ( `` Bauer! 18 U.S.C 869 ( 9th Cir had heard testimony during the past year the fact occurrences... 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