Mug Shot for Sheldon Villanueva booked into the Multnomah county jail. 1962(d). Ex2]z)IxjB,&,EQf5N_p$x(nP{y)L1Mk U$WgVV,t$xQO].6Gn%lW Z[L&[S~;lCkwB%3t:83](R=}G|~,XhmrBk$n-{KKql~2 :EqaJ.Rv5. 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. . 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. The stabbing was allegedly planned in retaliation for an alleged theft of one shoe. 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. 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. . The information and photos presented on this site have been collected from the . endobj This portion of the motion is GRANTED as to the government's case-in-chief. See United States v. Gee,695 F.2d 1165, 1169 (9th Cir. Id. . 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. Andrew F. Cervantes, Defendant, represented by K. Alexandra McClure , Law Offices of Alexandra McClure. 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 . Further, basic statements of law stemming from Pinkerton v. United States,328 U.S. 640 (1946) are not in dispute. (quoting United States v. Benson,941 F.2d 598, 605 (7th Cir. 1022 at 1-2.) Assistant U.S. Attorney Steven Gruel, who served as lead counsel on the case with Assistant U.S. Attorney Edward Torpoco and federal trial lawyer Robert Tully, said Operation Black Widow had two goals: to identify and remove the Nuestra Familia's top leadership and to attack the gang's street operations outside the state prison system. Readers around the Lake Tahoe Basin and beyond make the Tahoe Tribune's work possible. The government's opposition on this point is conclusory. (See Docket No. Id. See Sheldon 's Criminal Record. In addition, "[u]nder this rule, an accused's knowledge of and participation in an alleged conspiracy with the putative coconspirator are preliminary facts that must be established, by a preponderance of the evidence, before the coconspirator's out-of-court statements can be introduced into evidence." 1986). Id. 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.'" ) or https:// means youve safely connected to the .gov website. 1045 at 5.) A locked padlock Richie Michelson, Defendant, represented by Jeffry Mitchell Glenn , Berman & Glenn. ("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."). 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 . 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. (Id.) Inmates sneak out handwritten coded letters, or micro-writings, often transcribed and forwarded by their spouses and girlfriends and sometimes disguised as legal mail. Vera, 770 F.3d at 1241. (Docket No. Judge Freeman scheduled the sentencing hearing for Cervantes for May 19, 2020; and the sentencing hearings for Magdaleno and Romero for June 23, 2020. (Id. <> L. Rev. 801(d)(2)(E) in sufficient detail that the Court may rule on the admissibility of the statement." (See Docket No. exclude any statement that does not meet the requirements of the rule." (See, e.g., Docket No. Villanueva was charged with the murder and was relocated to a high security unit at the Riverside jail. (citations omitted). Alberto Larez, Defendant, represented by Brian H. Getz , Law Offices of Brian H Getz. It's their reputation at stake." )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. 2 0 obj Stay Off Mountain Roads': Caltrans, Experts: Big Bear Bald Eagle Eggs Unlikely To Hatch In Nest, Are You Registered For Alert RivCo In Palm Desert? 2006) (footnote omitted); see United States v. Gil,58 F.3d 1414, 1420 (9th Cir. 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. 985, Opinion 320 ("Karen Bauer is intermediary for letters t/from Cervantes and Villanueva. A .gov website belongs to an official government organization in the United States. The government's disclosure stated, "At the Bureau of Prisons, Mr. Feeney's primary responsibility was to monitor gang activity, including activity of the Nuestra Familia." 928 at 11. 928 at 15.) See Garcia, 497 F.3d at 967 & n.1; United States v. Cruz-Ramirez, 2011 WL 5599630, at *5 (N.D. Cal. SANTA ROSA, Calif. (AP) Police Chief Mike Dunbaugh likens the recent arrests of 13 Nuestra Familia gang members, including six Pelican Bay State Prison inmates, to cutting the head off a poisonous snake.. 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. . 1959(a)(6). [T]he evidence supported the finding that [the San Bruno ledger] was a statement made or adopted by Gil." 450 Golden Gate Avenue 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. Magdaleno admitted that after he disposed of the shank, he joined the other bombers in beating the victim. In their plea agreements, Magdaleno, Romero, and Cervantes admit to participating in the distribution of narcotics to other inmates at Monterey County Jail. Consent By using our Channel you hereby consent to our disclaimer and agree to its terms. Thus, the Court excludes expert testimony regarding the Bauer address under Rule 702. "); 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'"). (PARADIGMMEDIA) Unplugged, does not make any warranties about the completeness, reliability and accuracy of this information. including Sheldon Villanueva, one of two incarcerated "overseers" who ran NF. In filings relating to A. Cervantes's motions in limine and H. Cervantes's motions in limine, and in argument before the Court, the parties have disagreed as to the proper standard to admit a statement under Rule 801(d)(2)(E). 1994)); see also id. SAN JOSE Johnny Magdaleno, a/k/a Soldier Boy, Rodney Luis Romero, a/k/a Speedy, and Carlos Cervantes, a/k/a Lil Huero, a/k/a Doug, pleaded guilty today to racketeering conspiracy charges for their respective roles as associates of the Nuestra Familia prison gang, announced United States Attorney David L. Anderson and John F. Bennett, Special Agent in Charge of the Federal Bureau of Investigations San Francisco Field Division. The 25-count indictment was returned Thursday by a grand jury that had heard testimony during the past year. 928 at 10.). 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. 1 0 obj 2009). Local R. 16-1(c)(4); see also United States v. Cerna, 2011 WL 2119304, at *5 (N.D. Cal. Romero was also charged with attempted murder in aid of racketeering, in violation of 18 U.S.C. . ; Docket No. Shasta County, Movant, represented by David M. Yorton , Attorney at Law. Williams, 2016 WL 899145, at *6 ("To the extent that they are relevant and not unduly prejudicial, Sgt. Charges #1 U.S. 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). 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. Theres a war occurring in our communities in California, Dunbaugh said. 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." One gang member, Jacob Enriquez, was arrested in Visalia two weeks ago. 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. Completed Federal Capital Cases Involving an Inmate - 10/22/2015 Dublin, Keith E.D. Garcia and Ramirez are in federal custody awaiting trial. . The Court GRANTS this motion to the extent the Court will entertain specific requests for pertinent jury instructions, and otherwise DENIES the motion as overly broad WITHOUT PREJUDICE to objections particularized to acts or statements the defense seeks to exclude. These are proper subjects for lay opinion testimony, see FED. 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." Crim. 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