Click on the case name to see the full text of the citing case. 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 guilty pleas were accepted by the Honorable Beth L. Freeman, United States District Judge. Jackson may give his opinions regarding common slang."). 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. Villanueva was charged with the murder and was relocated to a high security unit at the Riverside jail. 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). 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. (Docket No. "The defendant expressed that Barrasa had his heart, which Barrasa responded to by laughing," Orlando said. 2015) (citing Mouzin in the context of purported Rule 801(d)(2)(E) statements made by "unidentified telemarketers"). (Docket No. 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. 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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. 1021, 1022, 1023, 1024). See United States v. Garcia,793 F.3d 1194, 1213 (10th Cir. at 8-12. [T]he evidence supported the finding that [the San Bruno ledger] was a statement made or adopted by Gil." 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. 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. See Sheldon 's Criminal Record. Cr. 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.". All the information pertaining to this VIDEO is published in good faith and for general information purpose only. Eventually, the FBI, U.S. Department of Justice and other state and local law enforcement agencies combined forces. In order to corroborate or refute this status, the litigants must know the identity of the declarant." 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. . . The 25-count indictment was returned Thursday by a grand jury that had heard testimony during the past year. 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. Inmates sneak out handwritten coded letters, or micro-writings, often transcribed and forwarded by their spouses and girlfriends and sometimes disguised as legal mail. United States District Court, N.D. California. 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 . 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." Mug Shot for Sheldon Villanueva booked into the Multnomah county jail. Crim. Official websites use .gov While the government need show only a slight connection with the conspiracy, the independent evidence must be `fairly incriminating: . endobj 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. Villanueva was immediately jailed and charged with Barrasa's murder. People v. Prunty Supreme Court of California. Magdaleno admitted that after he disposed of the shank, he joined the other bombers in beating the victim. Dunbaugh said he has no idea what effect the Nuestra Familia arrests will have on the gang. Romero also admitted to helping plan two other removals on April 29 and October 23, 2013. 2015) ("[I]f `[t]he jury [is] every bit as qualified to analyze' a piece of mundane evidence as the purported expert, the expert provides no added value on which to be cross-examined." (Id.) Feeney also translates the words, "Take care of her things to do list for the summer," to mean "Hit (kill) Demon." 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"). The eight pleaded guilty in San Francisco to charges of operating the prison gang as a racketeering enterprise. See United States v. Gee,695 F.2d 1165, 1169 (9th Cir. Scores of other members and associates have pleaded guilty to charges arising from the investigation. . 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. 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. was made by the party's coconspirator during and in furtherance of the conspiracy." Norteo gang members pledge their allegiance and loyalty to Nuestra Familia and are instructed on its rules, rituals, and obligations. 3 0 obj 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. Decoud, 456 F.3d at 1014 n.6. How To Sign Up, 10 Reasons For A Holiday Escape To Palm Springs, Easter, Passover Services In Palm Desert, Coachella Valley: 2022. (See Docket No. Andrew F. Cervantes, Defendant, represented by K. Alexandra McClure , Law Offices of Alexandra McClure. Perez will not begin serving his sentence until he has completed a separate six-year state prison sentence, which he has yet to begin. Readers around the Lake Tahoe Basin and beyond make the Tahoe Tribune's work possible. 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