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. "The defendant expressed that Barrasa had his heart, which Barrasa responded to by laughing," Orlando said. 2006). . <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/StructParents 0>> UNITED STATES OF AMERICA, Plaintiff, 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. Any use of information, images and other copyrighted material from this channel without permission from PARADIGMMEDIA.com will be followed up and reported. 1063 at 1; Docket No. 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. 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. . (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. . "The statement alone is insufficient to prove these preliminary facts." 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). (Docket No. Listed below are those cases in which this Featured Case is cited. TTY: (415) 436-7221, Oakland: (510) 637-3680 (See, e.g., Docket No. Official websites use .gov PARADIGM MEDIA NEWS Channel is in compliance with 17 U.S.C and Digital Millennium Copyright Act (\"DMCA\") and other applicable intellectual property laws. established that vicarious liability must be predicated on acts that were reasonably foreseeable to the defendant."). Sheldon SKIP Villanueva NUESTRA FAMILIA wiretap - YouTube This is an exclusive phone call that was obtained by PARADIGM NEWS MEDIA of a recoded phone call in ADX Super Max by Sheldon Skip. (Id.) Completed Federal Capital Cases Involving an Inmate - 10/22/2015 Dublin, Keith E.D. In motion in limine number 2, A. Cervantes seeks to exclude evidence of a variety of incidents that occurred before 2004. All the information pertaining to this VIDEO is published in good faith and for general information purpose only. United States District Court, N.D. California.https://leagle.com/images/logo.png. The crimes listed in last weeks indictment were planned and carried out primarily by prisoners in the toughest section of Pelican Bay. 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. 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On their face, most of the opinions do not appear to constitute "commonly used" slang. An official website of the United States government. 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." This Court previously identified multiple categories of "translation" opinion testimony, found that the government's initial disclosures as to Feeney's proffered opinions conflated expert and lay opinion testimony, and ordered the government to file Feeney's proffered expert opinions and lay opinions for purposes of meeting the Ninth Circuit's requirements for admitting each type of opinion in the context of police officer opinion testimony about coded jargon testimony. 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. var obConfig = { footer: '' }; Bookmarks are saved to your account and can be accessed from any device. If they comply with their plea agreements, the additional charges will be dismissed at sentencing. ." However, `statements made to keep coconspirators abreast of an ongoing conspiracy's activities satisfy the `in furtherance' of requirement.'" Romero admitted that he approved the February 25, 2013, removal of a victim from one of the housing units of the Monterey County Jail. "However, Barrasa seemed happy after talking with the defendant.". Fed. However, by finding in this manner, the government must address the issue with the Court outside the presence of the jury before proffering any such evidence. See United States v. Gee,695 F.2d 1165, 1169 (9th Cir. N.D. Cal. 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. "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. Magdaleno, Romero, and Cervantes were also charged with conspiracy to commit murder in aid of racketeering, in violation of 18 U.S.C. This was seven weeks before the first witness. As addressed at the April 8, 2016 hearing, the government may not admit evidence of A. Cervantes's prior conviction or incidents that predate the time period to which the Court has limited the evidence in this case. The eight defendants will be dispersed to serve their terms in federal institutions outside California in an effort to break the back of a prison gang that has operated with impunity within the state prison system for years. . Peggy attempts to instigate this conflict for her own personal reasons but Villanueva seems to recognize this. Id. One gang member, Jacob Enriquez, was arrested in Visalia two weeks ago. 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. Vera, 770 F.3d at 1241. Mug Shot for Sheldon Villanueva booked into the Multnomah county jail. 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. 831 at 3.) Sanchez is living at the home with Peggy and is in a relationship with her daughter Coco. 1959(a)(5), and conspiracy to commit assault with a dangerous weapon in aid of racketeering, in violation of 18 U.S.C. In order to corroborate or refute this status, the litigants must know the identity of the declarant." 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. '$I6ysphgH0y2&r.B9td?y?86bpDC78v:7xuz0S,}2]x(x/QNWt&{jE% 3\= Qh.%9B.N@>aj@U4yz 1986). 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. 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. <> 985 at 37, Opinion Number 553.) 1024 at 8. knowingly participated in a conspiracy." 1991)). Id. Within a week of her leaving, Villanueva went searching for the victim and arrived in the Inland Empire on May 7. The government's opposition on this point is conclusory. ("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 Docket No. Eventually, the FBI, U.S. Department of Justice and other state and local law enforcement agencies combined forces. The Court addressed the law relative to this issue previously. Henry Cervantes, Vidal Fabela, David Rocha and Diana Vasquez were arrested at several locations across Northern California on Friday, Dunbaugh said. 456 Followers, 1,867 Following, 812 Posts - See Instagram photos and videos from Sheldon Villanueva (@sheldonvillanueva) Williams, 2016 WL 899145, at *6 ("To the extent that they are relevant and not unduly prejudicial, Sgt. (citations omitted)); United States v. Cerna, 2011 WL 2119304, at *3 (N.D. Cal. e. United States v. Bridgeforth,441 F.3d 864, 869 (9th Cir. For example, Magdaleno admitted that he orchestrated and participated as the hitter in the December 2, 2012, removal of a victim from the jail. 1045 at 5.) 1995). Magdaleno admitted that he stabbed the victim in the chest and back over 20 times. H. Cervantes moves for a ruling "that both the nature of a conspiracy, and the timing of an individual's joining of a conspiracy, must be considered in deciding what a conspirator is allegedly liable for under the conspirator liability rules." 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 . He did, however, express concern the arrests may cause rival gang members to intensify their activities. In their plea agreements, Magdaleno, Romero, and Cervantes admit to participating in the distribution of narcotics to other inmates at Monterey County Jail. While the government need show only a slight connection with the conspiracy, the independent evidence must be `fairly incriminating: . 2007). id. 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 . Other inmates described Villanueva as extremely moody and sometimes physically aggressive -- a deep contrast with Carlin, who was "happy-go- lucky" and generally liked by the men in his cell block, according to a trial brief prepared by the prosecution. Finally, as noted above, the statement must be in furtherance of a particular conspiracy. Compare NF 544, 545 and NF 11190, 11191.").) The Court next addresses the specific arguments regarding the exclusion of the home address associated with Karen Bauer. 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 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. 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. Villanueva was immediately jailed and charged with Barrasa's murder. Show more. See Garcia, 497 F.3d at 967 & n.1; United States v. Cruz-Ramirez, 2011 WL 5599630, at *5 (N.D. Cal. 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. . 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.'" All six lived in the Secure Housing Unit, a prison within a prison at Pelican Bay, and all were eligible for parole. However, the Court also recognizes that the conspiracy alleged is much broader than the defendants would like to admit. Romero also admitted to helping plan two other removals on April 29 and October 23, 2013. 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. 1962(d). Cervantes admitted that he was the hitter for the removal and stabbed the victim in the head. 2 0 obj (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 . Villanueva also conveyed to the same inmate that he wanted to "choke" Carlin. Citations are also linked in the body of the Featured Case. Second, A. Cervantes requests a hearing to determine the admissibility of individual opinions and Feeney's methodology and, in the alternative, moves to exclude proffered opinions from Feeney that the government in its numbered expert opinion filing characterizes as expert testimony under Rule 702, but which could not meet the requirements of that rule and Ninth Circuit case law on expert "translations.". Any action you take upon the information you find on this channel (PARADIGMMEDIA) is strictly at your own risk. There are mature, veteran gang members directing street gangs throughout California to conduct their crimes.. (PARADIGMMEDIA) Unplugged, does not make any warranties about the completeness, reliability and accuracy of this information. exclude any statement that does not meet the requirements of the rule." The information and photos presented on this site have been collected from the . xAlk75~]}JOQD1hZ|0I_(,5~[,==FsL$c56 Parry said its impossible to monitor every single letter, phone call and visit of every single inmate. Attorneys Claudia A. Quiroz and Stephen Meyer are prosecuting the case. 2014); United States v. Freeman,498 F.3d 893, 902 (9th Cir. ("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."). Santa Rosa gang investigators initially were tipped off by information received during their questioning of a Pelican Bay parolee. Villanueva was charged with the murder and was relocated to a high security unit at the Riverside jail. Theres a war occurring in our communities in California, Dunbaugh said. 1 0 obj . 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. Both the victim and all defendants are black. Men punished Monterey County Jail inmates for not following Nuestra Familia gang rules . Cf. United States v. Liera,585 F.3d 1237, 1245 (9th Cir. ), Moreover, to the extent the government now claims that Feeney is interpreting codes that are "more `prison code' than `nf code,'" and that he bases his opinions on "`years of listening to this guys [sic], not just the nf but prisoners,'" a sufficient proffer has not been made. Have him hit, stabbed, killed." <>/OutputIntents[<>] /Metadata 340 0 R/ViewerPreferences 341 0 R>> The Ninth Circuit has recognized Mouzin's application outside the context of drug ledgers. (quoting United States v. Benson,941 F.2d 598, 605 (7th Cir. The rival Mexican Mafia its members are called surenos is made up of Hispanic prison members from Southern California. For "cream of crop," the government's August 2015 disclosure includes the sentence: "The NF has a policy not to take people under their wing just for numbers[,] but rather quality. at 8-12. See Luce v. United States,469 U.S. 38, 40 n.2 (1984) (noting that motion in limine refers "to any motion, whether made before or during trial, to exclude anticipated prejudicial evidence before the evidence is actually offered"). (Docket No. 1045 at 3) does not suffice. Thus: "`due process constrains the application of Pinkerton where the relationship between the defendant and the substantive offense is slight,' and . The 25-count indictment was returned Thursday by a grand jury that had heard testimony during the past year. (quoting Robert R. Arreola et al., Federal Criminal Conspiracy, 34 Am.Crim.L.Rev. For example, Feeney translates the words, "The poem `Back to Basics,'" to mean "The rules Cervantes implemented for all." 2007); United States v. Decoud,456 F.3d 996, 1014 (9th Cir. 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. 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. (See id. R. Evid. (citations omitted). ("In establishing liability for the conspiracy charge, the circuit courts generally find conspirator liability for acts committed by co-conspirators both prior to, as well as during the defendant's participation." Daniel Perez, 42, Alberto Larez, 36, and Henry Cervantes, 40, will receive 10-year sentences. In Decoud, for instance, "the expert gave a lengthy explanation of how he interpreted `diznerty' based on his understanding of a common speaking style . Thus, the government must show that it is more likely than not that the declarant was a co-conspirator. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. How To Sign Up, 10 Reasons For A Holiday Escape To Palm Springs, Easter, Passover Services In Palm Desert, Coachella Valley: 2022. 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. 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. (See Docket No. Immediately after the victim was stabbed, three bombers began punching and kicking the victim to allow Magdaleno to escape being caught by guards with the stabbing weapon. 783,7 831, 832, 833, 846, 1021, 1022, 1023, and 1024. i (1) 2nd Expert Disclosure Letter of August 17, 2015 with attachments: (2) Discovery Letter of August 21, 2015, enclosing the follow relevant documents: (3) Jail Letter Index of August 21, 2015. , 2011 WL 2119304, at * 3 ( N.D. Cal are proper for... Security Unit at the home address associated with Karen Bauer also recognizes the. 605 ( 7th Cir much broader than the defendants would like to.... 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