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. Shane Bowman, Defendant, represented by Julia Mezhinsky Jayne , Jayne Law Group, P.C.. Jaime Cervantes, Defendant, represented by Randy Sue Pollock , Attorney at Law. 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. Completed Federal Capital Cases Involving an Inmate - 10/22/2015 Dublin, Keith E.D. Santa Rosa gang investigators initially were tipped off by information received during their questioning of a Pelican Bay parolee. See Gadson, 763 F.3d at 1210 (describing testimony about a nickname as "investigation-specific opinion testimony . United States v. Mouzin,785 F.2d 682, 692 (9th Cir. Mar. May 27, 2011) ("In a myriad of ways, the statements sought to further the conspiracy's common objective and/or to set in motion transactions that were integral to the conspiracy."). 833 at 4.) Judge Freeman scheduled the sentencing hearing for Cervantes for May 19, 2020; and the sentencing hearings for Magdaleno and Romero for June 23, 2020. Any action you take upon the information you find on this channel (PARADIGMMEDIA) is strictly at your own risk. Williams, 2016 WL 899145, at *6 ("To the extent that they are relevant and not unduly prejudicial, Sgt. Theres a war occurring in our communities in California, Dunbaugh said. 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. (Docket No. (See id. % Secure .gov websites use HTTPS Richie Michelson, Defendant, represented by Jeffry Mitchell Glenn , Berman & Glenn. HENRY CERVANTES, et al., Defendants. See Docket No. Scores of other members and associates have pleaded guilty to charges arising from the investigation. 2007) ("Statements made for personal objectives outside the conspiracy or as part of idle conversation are not admissible under Rule 801(d)(2)(E). 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.'" Perez will not begin serving his sentence until he has completed a separate six-year state prison. was made by the party's coconspirator during and in furtherance of the conspiracy." . 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. (citations omitted). See United States v. Gee,695 F.2d 1165, 1169 (9th Cir. Decoud, 456 F.3d at 1014 n.6. He was paired with Carlin in Housing Unit 17 at the Smith Correctional Facility. Daniel Perez, 42, Alberto Larez, 36, and Henry Cervantes, 40, will receive 10-year sentences. They are the two most powerful prison gangs in the state prison system, officials say. It has to be done with law enforcement coming together throughout California.. Lock Click on the case name to see the full text of the citing case. If they comply with their plea agreements, the additional charges will be dismissed at sentencing. 1962(d). Id. 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. See Garcia, 497 F.3d at 967 & n.1; United States v. Cruz-Ramirez, 2011 WL 5599630, at *5 (N.D. Cal. 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. . The guilty pleas were accepted by the Honorable Beth L. Freeman, United States District Judge. Feeney also translates the words, "Take care of her things to do list for the summer," to mean "Hit (kill) Demon." 1959(a)(5), and conspiracy to commit assault with a dangerous weapon in aid of racketeering, in violation of 18 U.S.C. Twelve men and one woman face federal charges of murder, robbery, conspiracy and drug-related crimes. . . In sum, the Court GRANTS IN PART AND DENIES IN PART A. Cervantes's motion in limine number 4. Accordingly, the Court will consider particularized objections and arguments for jury instructions, but H. Cervantes has not yet provided either for purposes of considering whether to exclude any evidence pursuant to this motion. Opinion Number 541.) 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. The Court already has held these types of opinions to be improper expert testimony. Second, the following opinions do not appear on their face to be based upon Feeney's investigation of this particular organization, but the government's August 2015 disclosure suggests that in fact they might be: Opinion Numbers 1; 2; 7; 8; 17; 18; 19; 32; 53; 58; 59; 72; 74; 76; 79; 82; 84; 86; 89; 92; 151; 184; 187; 188; 243; 259; 270; 278; 294; 438; 476; 485.5 Because of the information contained in the August 2015 disclosure, the Court also RESERVES ruling on these opinions. 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. 901(b)(2), (5), and the district court did not abuse its discretion in concluding that Feeney's familiarity with the relevant voices and handwriting, even if limited, was sufficient Id. (PARADIGMMEDIA) Unplugged, does not make any warranties about the completeness, reliability and accuracy of this information. 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. 2014); United States v. Freeman,498 F.3d 893, 902 (9th Cir. 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. These examples illustrate how Feeney seeks to go beyond translating particular words with fixed meanings and opine about the origin and effect of a Nuestra Familia document, Nuestra Familia rules, the expectations of Nuestra Familia members, and particular actions by particular individuals holding particular positions within Nuestra Familia. These are proper subjects for lay opinion testimony, see FED. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/StructParents 0>> Charges #1 U.S. "However, Barrasa seemed happy after talking with the defendant.". Crim. 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. e. (August 17, 2015 Disclosure, Ex. Perez will not begin serving his sentence until he has completed a separate six-year state prison sentence, which he has yet to begin. (Docket No. Since its inception in the mid-1960s, officials said, the gang has been responsible for at least 300 killings statewide. 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. 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." The 25-count indictment was returned Thursday by a grand jury that had heard testimony during the past year. 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. Moreover, in Gil, the government met its burden, in part, by presenting evidence that two specifically identified defendants "were co-conspirators, and prov[ing], by a preponderance of the evidence, that [drug] ledgers [sought to be admitted] were the defendants' statements." For example,6 Opinion 517 reads: "Tell Polvo that Demonito is a waste of time and mom doesn't want her around the house, period." (See Docket No. 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 . 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. 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. Romero was also charged with attempted murder in aid of racketeering, in violation of 18 U.S.C. 985.) Magdaleno, Romero, and Cervantes were also charged with conspiracy to commit murder in aid of racketeering, in violation of 18 U.S.C. The Ninth Circuit has recognized Mouzin's application outside the context of drug ledgers. 2013, defendant Carlos Cervantes, aka "Lil Huero" and "Doug," stabbed and slashed the victim's head . 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. 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). 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