Also, previously, this Court excluded "opinions identifying specific individuals holding positions in Nuestra Familia . However, with respect to those alleged coconspirators not charged, e.g., Skip Villanueva, a sufficient proffer has not been made. 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. . Inmates sneak out handwritten coded letters, or micro-writings, often transcribed and forwarded by their spouses and girlfriends and sometimes disguised as legal mail. In their plea agreements, Magdaleno, Romero, and Cervantes admit to participating in the distribution of narcotics to other inmates at Monterey County Jail. 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. All six lived in the Secure Housing Unit, a prison within a prison at Pelican Bay, and all were eligible for parole. Rudy Del Real and Rudolfo Quilon complete the order. 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. 1063 at 1; Docket No. . The Court next addresses the specific arguments regarding the exclusion of the home address associated with Karen Bauer. Its about drugs, crime and victimization.. )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. N.D. Cal. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/StructParents 0>> 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. Barrasa left the property at the end of April 2016, heading to Fontana to stay with a friend. In particular, he seeks an order "directing the government to instruct its informant, law enforcement and Bureau of Prisons witnesses to not reveal the nature of Mr. Cervantes' prior conviction, as well as generally precluding testimony on the subject." . See Hermanek, 289 F.3d at 1095 n.7. The Court may do so within the confines of the time afforded for trial and outside the presence of the jury. 2002)); see also United States v. Williams, 2016 WL 899145, at *8 (N.D. Cal. 1 0 obj e. Others who were convicted earlier in the probe include Luis "Roach" Aroche, the regional commander of the Nuestra Familia in San Francisco, and Sheldon "Skip" Villanueva, a captain of the gang in San Jose. 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). 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. . 15 year old Carlos "Casper" Silva a Preston parolee is arrested murders 3 people witin a seven week span on behalf of Nuestra familia. %PDF-1.7 United States v. Osazuwa,564 F.3d 1169, 1176 (9th Cir. 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). Daniel Perez, 42, Alberto Larez, 36, and Henry Cervantes, 40, will receive 10-year sentences. 985 at 3; Docket No. (citations omitted). Id. An official website of the United States government. Five gang members, four of whom were already in prison, face murder charges for orchestrating the deaths of five men between March 1997 and April 1999, according to the indictment. For example, Feeney translates the words, "The poem `Back to Basics,'" to mean "The rules Cervantes implemented for all." The Court also recognizes the general premise that "a defendant cannot be held criminally liable for substantive offenses committed by others involved in the conspiracy before joining it or after ending participation in the conspiracy.'" If they comply with their plea agreements, the additional charges will be dismissed at sentencing. 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. 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. Gang rules and discipline are maintained by assaulting and threatening those individuals who violate the rules or pose a threat to the organization. [that adds `e' or `ez' to words.]." 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 . A .gov website belongs to an official government organization in the United States. 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). . R. Evid. Thus, the Court excludes expert testimony regarding the Bauer address under Rule 702. Magdaleno admitted that after he disposed of the shank, he joined the other bombers in beating the victim. Not included in that basis for Feeney's opinions was information about other gangs he monitored and what such monitoring entailed such that it would apply to his proffered opinions. 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." VA No. Share sensitive information only on official, secure websites. 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. PARADIGM PROFILES | SHELDON "SKIP" VILLANUEVA | NARRATED BY JOHN "BOXER" MENDOZA PARADIGM MEDIA NEWS 31.7K subscribers 92K views 2 years ago https://www.patreon.com/PARADIGMMEDIA. Henry Cervantes, Vidal Fabela, David Rocha and Diana Vasquez were arrested at several locations across Northern California on Friday, Dunbaugh said. If the parties collectively agree that more certainty is required on this front, the Court will entertain a joint request to conduct further proceedings on this issue in advance of trial. All three defendants pleaded guilty to the racketeering conspiracy charge, wherein they admitted that murder was an object of the conspiracy. The 25-count indictment was returned Thursday by a grand jury that had heard testimony during the past year. Further, to the extent the government argues that H. Cervantes's actions after his arrest demonstrate continued participation in the conspiracy, he seeks to exclude such evidence under Rule 403. (See Docket No. Magdaleno also admitted that he orchestrated and participated as the hitter in the February 25, 2013, removal of a victim from the jail. 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. 1045 at 4.). Finally, all of the remaining opinionsnot identified in the two paragraphs aboveare investigatory, or otherwise could not satisfy Rule 702's requirements because no translation is given or a given translation is the same as the phrase supposedly in code. Finally, as noted above, the statement must be in furtherance of a particular conspiracy. 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. Cr. 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