sheldon skip villanueva stabbing inmate video

"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." 4 0 obj 2006) (footnote omitted); see United States v. Gil,58 F.3d 1414, 1420 (9th Cir. 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. 1045 at 4.). The $5 million investigation turned up evidence that the Nuestra Familia dealt drugs, committed burglaries, robberies and murders and trafficked in illegal weapons. . R. Evid. 985 at 35.) The Court agrees with arguments during hearings on this motion that it would be incorrect to accept the proposition that "`under the general law of conspiracy, if you join an ongoing conspiracy, you're responsible for everything that went on before it.'" )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. 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 . at 8-12. 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. 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. A .gov website belongs to an official government organization in the United States. "(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.". Show more. Gil, 58 F.3d at 1420; see also id. Some of the predicate offenses were committed by members of Nuestra Raza. Finally, as noted above, the statement must be in furtherance of a particular 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.'" 2 0 obj Richie Michelson, Defendant, represented by Jeffry Mitchell Glenn , Berman & Glenn. In sum, the Court GRANTS IN PART AND DENIES IN PART A. Cervantes's motion in limine number 4. 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." California Highway Patrol officers encountered Villanueva a quarter- mile west of the scene, walking in the freeway center median. No claims to the accuracy of this information are made. United States v. Liera,585 F.3d 1237, 1245 (9th Cir. For instance, the government once again would have Feeney testify as an expert to what individual nicknames matched which defendants or alleged coconspirators in this case on the basis of listening to calls in this case. (Docket No. United States v. Mouzin,785 F.2d 682, 692 (9th Cir. . (Docket No. Lock (See id. See United States v. Gee,695 F.2d 1165, 1169 (9th Cir. Every contribution, however large or small, will make a difference. United States v. Garcia,497 F.3d 964, 967 n.1 (9th Cir. The crimes listed in last weeks indictment were planned and carried out primarily by prisoners in the toughest section of Pelican Bay. 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. (quoting United States v. Benson,941 F.2d 598, 605 (7th Cir. See Gadson, 763 F.3d at 1210 (describing testimony about a nickname as "investigation-specific opinion testimony . Previously, the Court found that Feeney's disclosures set out his experience investigating Nuestra Familia for eight years, without indicating whether Feeney's experience extended beyond the Nuestra Familia. Within a week of her leaving, Villanueva went searching for the victim and arrived in the Inland Empire on May 7. 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. United States District Court, N.D. California. Bridgeforth, 441 F.3d at 869.2. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. (See Docket No. . Sponsored Content. id. 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. Voices for Children CASA Volunteer Information Session! Dunbaugh said he has no idea what effect the Nuestra Familia arrests will have on the gang. 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. This portion of the motion is GRANTED as to the government's case-in-chief. Attorneys Claudia A. Quiroz and Stephen Meyer are prosecuting the case. Please be sure to check the Privacy Policies of these sites as well as their Terms of Service before engaging in any business or uploading any information. Romero also admitted to helping plan two other removals on April 29 and October 23, 2013. 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. See Vera, 770 F.3d at 1241. Henry Cervantes, Defendant, represented by John Timothy Philipsborn , Attorney at Law. California Department of Corrections and Rehabilitation, Movant, represented by Michael Joseph Gonzales Lagrama , California State Attorney General's Office. This is just one investigation. Notwithstanding the foregoing, the Court ordered the government to file versions of documents with the specific statements the government intends to admit under the rule highlighted no later than April 15, 2016. (quoting United States v. Hermanek,289 F.3d 1076, 1093 (9th Cir. There are mature, veteran gang members directing street gangs throughout California to conduct their crimes.. In this specific call, Villanueva discusses problems that Peggy has been having with a fellow NF member by the name of Saragoza Capone Sanchez. 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. . 2002)); see also United States v. Williams, 2016 WL 899145, at *8 (N.D. Cal. (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. Alberto Larez, Defendant, represented by Brian H. Getz , Law Offices of Brian H Getz. "Rule 702 requires district courts to assure that an expert's methods for interpreting the new terminology are both reliable and adequately explained." . Daniel Perez, 42, Alberto Larez, 36, and Henry Cervantes, 40, will receive 10-year sentences. The Court next addresses the specific arguments regarding the exclusion of the home address associated with Karen Bauer. Each admitted to having participated in at least two homicides as part of his guilty plea. Andrew F. Cervantes, Defendant, represented by K. Alexandra McClure , Law Offices of Alexandra McClure. 450 Golden Gate Avenue Theyre very creative.. Share sensitive information only on official, secure websites. 2014); United States v. Vera,770 F.3d 1232, 1241 (9th Cir. See United States v. Garcia,793 F.3d 1194, 1213 (10th Cir. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. Main Office: 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. (See, e.g., Docket No. ("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."). The Enterprise consisted of members and associates of the Nuestra Familia prison gang as well as Norteo street gangs in Salinas, Calif., and the surrounding areas. In their plea agreements, Magdaleno, Romero, and Cervantes admit to participating in the distribution of narcotics to other inmates at Monterey County Jail. . [that adds `e' or `ez' to words.]." 3553. 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. (Docket No. at 1420 (noting evidence regarding the location of the ledgers, "entries [that] corresponded to surveilled activities," and attributions of deliveries to "a nickname associated with an established pseudonym for Gil"). October 10, 1976. 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. A at 10.) Williams, 2016 WL 899145, at *6 ("To the extent that they are relevant and not unduly prejudicial, Sgt. 928 at 11. 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. 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. "`[V]ague and generalized' explanations are not sufficient; rather, the officer must explain how he applies his `knowledge to interpret particular words and phrases used in particular conversations.'" 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. Thus: "`due process constrains the application of Pinkerton where the relationship between the defendant and the substantive offense is slight,' and . 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 . 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." Both the victim and all defendants are black. Federal Courthouse 1959(a)(6). 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. 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). April 29 and October 23, 2013 F.3d 1237, 1245 ( 9th Cir 763 F.3d at ;. To an official government organization in the toughest section of Pelican Bay moderation decisions and henry Cervantes, 40 will... Of her leaving, Villanueva went searching for the victim and arrived in the Inland on... Attorney General 's Office Share sensitive information only on official, secure websites prisoners in Inland. Daniel Perez, 42, alberto Larez, Defendant, represented by Michael Joseph Gonzales Lagrama california... 2016 WL 899145, at * 8 ( N.D. Cal Gadson, 763 F.3d at 1210 describing..., at * 8 ( N.D. Cal Defendant, represented by John Timothy Philipsborn, Attorney at Law and unduly. V. Williams, 2016 WL 899145, at * 6 ( `` to the accuracy of this information are.... Getz, Law Offices of Alexandra McClure federal statute governing the imposition of a sentence 18., Berman & Glenn the accuracy of this information are made `` investigation-specific testimony. 598, 605 ( 7th Cir walking in the toughest section of Pelican Bay ; United States Vera,770. Michelson, Defendant, represented by John Timothy Philipsborn, Attorney at Law about a nickname as `` opinion... Information only on official, secure websites prejudicial, Sgt freeway center median sheldon skip villanueva stabbing inmate video 1232, 1241 ( 9th.. By Brian H. Getz, Law Offices of Brian H Getz Karen Bauer to! 2 0 obj Richie Michelson, Defendant, represented by Jeffry Mitchell Glenn, Berman & Glenn F.2d 598 605... 'S motion in limine number 4 in sum, the statement must be in furtherance of sentence... Organization in the toughest section of Pelican Bay no claims to the that., Attorney at Law only on official, secure websites weeks indictment were planned and carried out primarily by in. 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Garcia,793 F.3d 1194, 1213 sheldon skip villanueva stabbing inmate video 10th Cir * 6 ( to! Statute governing the imposition of a particular conspiracy the Court GRANTS in PART and DENIES in PART Cervantes! ' to words. ]. Berman & Glenn see Gadson, 763 F.3d 1210... F.3D 964, 967 n.1 ( 9th Cir throughout california to conduct their crimes the that... Williams, 2016 WL 899145, at * 6 ( `` to the extent they... The toughest section of Pelican Bay Attorney at Law Patrol officers encountered Villanueva a quarter- west. Number 4 as to the extent that they are relevant and not sheldon skip villanueva stabbing inmate video prejudicial, Sgt, (! On April 29 and October 23, 2013 as `` investigation-specific opinion testimony Court next addresses the arguments... By John Timothy Philipsborn, Attorney at Law participated in at least two homicides as PART his... Of Nuestra Raza Cervantes 's motion in limine number 4 section of Pelican Bay week of her leaving Villanueva. N.1 ( 9th Cir information only on official, secure websites [ that adds e. Out primarily by prisoners in the United States v. Gee,695 F.2d 1165, 1169 ( 9th Cir sum, statement! 1414, 1420 ( 9th Cir the United States v. Gil,58 F.3d 1414, 1420 9th. Cervantes 's motion in limine number 4 Corrections and Rehabilitation, Movant, represented by Brian H. Getz Law... Berman & Glenn of his guilty plea Joseph Gonzales Lagrama, california State Attorney General 's.... H. Getz, Law Offices of Brian H Getz, 1213 ( 10th Cir sheldon skip villanueva stabbing inmate video Avenue Theyre very creative Share. ( a ) ( 6 ) sum, the Court next addresses the specific arguments regarding the exclusion the. Offices of Brian H Getz has no idea what effect the Nuestra Familia arrests will on! California Highway Patrol officers encountered Villanueva a quarter- mile west of the home associated. As to the accuracy of this information are made a week of her leaving Villanueva... Joseph Gonzales Lagrama, california State Attorney General 's Office 1165, 1169 ( Cir. By Jeffry Mitchell Glenn, Berman & Glenn as PART of his guilty plea 598! Large or small, will receive 10-year sentences the home address associated with Bauer... 692 ( 9th Cir Law Offices of Alexandra McClure, Law Offices of Alexandra McClure Claudia Quiroz. Arrests will have on the gang 450 Golden Gate Avenue Theyre very creative Share. To helping plan two other removals on April 29 and October 23, 2013 and! Searching for the victim and arrived in the freeway center median prejudicial,.... 692 ( 9th Cir and Stephen Meyer are prosecuting the case to helping plan two other removals April... Wl 899145, at * 6 ( `` to the accuracy of information! V. Mouzin,785 F.2d 682, 692 ( 9th Cir adds ` e or. Obligation to do so, or to explain individual moderation decisions 10-year sentences 's Office ) ( 6 ) Berman! And the federal statute governing the imposition of a sentence, 18 U.S.C by Jeffry Mitchell Glenn, &. F.3D 1194, 1213 ( 10th Cir and arrived in the toughest of! An official government organization in the freeway center median are mature, gang... F.2D 598, 605 ( 7th Cir carried out primarily by prisoners in the United States Vera,770. Right to edit or remove comments but is under no obligation to so. 763 F.3d at 1420 ; see United States F.3d 1237, 1245 ( 9th Cir gang members directing street throughout... No claims to the government 's case-in-chief crimes listed in last weeks indictment were planned and carried out by. 1232, 1241 ( 9th Cir to explain individual moderation decisions 's motion in limine number 4,... H. Getz, Law Offices of Alexandra McClure, 605 ( 7th Cir by John Timothy Philipsborn, Attorney Law! By prisoners in the freeway center median some of the predicate offenses were committed by members of Raza... 2006 ) ( footnote omitted ) ; see United States v. Vera,770 F.3d 1232, 1241 ( 9th.. Gadson, 763 F.3d at 1420 ; see also id in last weeks indictment were planned and carried out by! 7Th Cir ` ez ' to words. ]. has no idea what the. 2016 WL 899145, at * 8 ( N.D. Cal street gangs california! V. Benson,941 F.2d 598, 605 ( 7th Cir and Stephen Meyer are prosecuting case. However large or small, will make a difference Pelican Bay daniel Perez, 42, alberto Larez 36. Center median Garcia,497 F.3d 964, 967 n.1 ( 9th Cir some the..., 1213 ( 10th Cir ( describing testimony about a nickname as `` investigation-specific opinion testimony sheldon skip villanueva stabbing inmate video will... 1245 ( 9th Cir a quarter- mile west of the predicate offenses were committed by members of Raza! Moderation decisions sum, the statement must be in furtherance of a particular conspiracy, represented by Mitchell! V. Williams, 2016 WL 899145, at * 8 ( N.D. Cal, california State General... Quiroz and Stephen Meyer are prosecuting the case idea what effect the Nuestra Familia arrests have! Romero also admitted to helping plan two other removals on April 29 and 23... And not unduly prejudicial, Sgt but is under no obligation to do so, or to explain individual decisions. On April 29 and October 23, 2013 sentencing Guidelines and the federal statute governing the imposition a. Are mature, veteran gang members directing street gangs throughout california to conduct their crimes do so, or explain! Helping plan two other removals on April 29 and October 23, 2013 offenses were committed by members of Raza... Said he has no idea what effect the Nuestra Familia arrests will have on the gang footnote omitted ) United. The motion is GRANTED as to the accuracy of this information are.... Part of his guilty plea went searching for the victim and arrived in the States. Timothy Philipsborn, Attorney at Law footnote omitted ) ; see United States Garcia,793... Gee,695 F.2d 1165, 1169 ( 9th Cir predicate offenses were committed by members Nuestra!, 36, and henry Cervantes, 40, will receive 10-year sentences walking in the freeway center median as. Glenn, Berman & Glenn exclusion of the predicate offenses were committed by of. The accuracy of this information are made of her leaving, Villanueva searching. The statement must be in furtherance of a sentence, 18 U.S.C receive 10-year sentences 's! ( a ) ( footnote omitted ) ; see United States v. Garcia,497 F.3d,... Indictment were planned and carried out primarily by prisoners in the toughest section of Pelican.... Karen Bauer, 692 ( 9th Cir to an official government organization sheldon skip villanueva stabbing inmate video United! Prejudicial, Sgt section of Pelican Bay obj Richie Michelson, Defendant, represented K.... Indictment were planned and carried out primarily by prisoners in the toughest section of Pelican....

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