. You are here: PARADIGM MEDIA NEWS unplugged Youtube Channel / Disclaimers Disclaimers If you require any more information or have any questions about our Channel disclaimer, please feel free to contact us Disclaimers for www.youtube. Cf. Given the template the Court has outlined for resolving these matters, the Court does not believe that a separate hearing in advance of opening statements will be necessary and that these matters can be dealt with either before or after a trial day. Finally, with regard to conspiracy liability, if the government seeks to admit coconspirator statements made prior to H. Cervantes's entry into a charged conspiracyproven by independent evidencethen any purposes for which the jury may consider any such statements must be limited. x]ms9*>[DhJqB6 Gq~0TA9=_wh4ckf5j'O^YG?v2? endobj 617, 628-29) (emphasis in original). 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 . UNITED STATES OF AMERICA, Plaintiff, 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. 928 at 11. Under Rule 801(d)(2)(E), a statement is not hearsay if it is "offered against an opposing party and[] . Eventually, the FBI, U.S. Department of Justice and other state and local law enforcement agencies combined forces. Cf. GRAPHIC VIDEO: Surveillance video shows inmates attack, stab correctional officer This video contains graphic content of two inmates attacking and stabbing a correctional officer at. The term removal refers to a violent attack designed to remove (from both the custodial housing unit and the gang itself) a member of the gang who committed a serious violation of the gangs rules. All six lived in the Secure Housing Unit, a prison within a prison at Pelican Bay, and all were eligible for parole. Federal Courthouse Share sensitive information only on official, secure websites. In accepting the guilty pleas Monday, U.S. District Judge Charles Breyer said he hoped that scattering the top leadership would help shut the organization down. 1045 at 3) does not suffice. Further, the Court agrees that some of Feeney's purported translations attempt to cast as "code word" translation what in fact is the type of testimony about Nuestra Familia structure, Nuestra Familia rules, and individuals' roles in Nuestra Familia that the Court previously excluded. 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. Cervantes admitted that he was the hitter for the removal and stabbed the victim in the head. See Vera, 770 F.3d at 1241. 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. While we strive to provide only quality links to useful and ethical websites, we have no control over the content and nature of these sites. 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. SAN FRANCISCO / 8 plead guilty to charges of racketeering / 7-year investigation of Nuestra Familia prison gang ends, Restaurant chain slated to close site at Bay Area mall, Graupel falls on Disneyland, shocks guests, Grapevine closed indefinitely due to heavy snow and ice, Plan to bring bullet train from LA to Vegas is underway, What it looks like inside Coit Towers former apartment, Horoscope for Thursday, 3/02/23 by Christopher Renstrom, Hundreds of thousands of workers have abandoned downtown SF, Avalanche slams into Tahoe apartment building amid blizzard, Tahoe's snowfall totals are on track to break records, One of the largest movie theaters in SF to close permanently, Popular yet divisive fast food chain coming to this Bay Area town, 'Zero visibility' conditions: All roads to Tahoe are closed. Finally, all of the remaining opinionsnot identified in the two paragraphs aboveare investigatory, or otherwise could not satisfy Rule 702's requirements because no translation is given or a given translation is the same as the phrase supposedly in code. . Its about drugs, crime and victimization.. 1986). established that vicarious liability must be predicated on acts that were reasonably foreseeable to the defendant."). "(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.". The question to be addressed during the discussion of the instructions is the extent to which any argument can be made that only a "slight connection" existed amongst the alleged conspirators. 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. United States District Court, N.D. California. Interpreting the facts and opining as to why individuals sent letters to Bauer fit into the latter category and identify a specific individual with a specific role. Thus: "`due process constrains the application of Pinkerton where the relationship between the defendant and the substantive offense is slight,' and . . 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. 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. Cf. Compare NF 544, 545 and NF 11190, 11191.").) Click on the case name to see the full text of the citing case. 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. Gil, 58 F.3d at 1420; see also id. (Id.) <> TTY: (415) 436-7221, Oakland: (510) 637-3680 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. Under current Ninth Circuit law, the Court would need to evaluate the remaining opinions under Rule 701. See Hermanek, 289 F.3d at 1095 n.7. . The purpose of the subsequent beating is to inflict upon the victim maximum damage while giving the hitters time to wash themselves and get rid of weapons. 1962(d). He was paired with Carlin in Housing Unit 17 at the Smith Correctional Facility. The prosecution is the result of an investigation by the FBI with assistance from the Salinas Police Department, the Monterey County Sheriffs Office, the California Highway Patrol, and the California Department of Corrections and Rehabilitation. . San Jose: (408) 535-5061. See United States v. Garcia,793 F.3d 1194, 1213 (10th Cir. If the government demonstrates that these opinions might possibly be admissible as expert testimony, then, as explained in the paragraph above, the government would need to demonstrate for each coded word to be translated how it meets the Rule 702 and pertinent case law requirements. stream (See id. 1021 at 1.) The five gang members who will receive life sentences -- Gerald Rubalcaba, 49; James Morado, 49; Cornelio Tristan, 43; Joseph Raymond Hernandez, 54; and Tex Marin Hernandez, 49 -- were considered to be among the gang's highest-ranking officers. Id. d. All statements made by Andrew Cervantes, Sheldon Villanueva, Alberto Larez, Henry Cervantes, Fernando Rangel and others in jail calls, itemized, transcribed and produced to you, as de-coded by John Feeney. 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. Finally, as noted above, the statement must be in furtherance of a particular conspiracy. Nov. 17, 2011) ("Nonetheless, to ensure no juror confusion, the undersigned instructed the jurors at the time evidence was admitted of the limited purpose of the evidence and the fact that most of the defendants on trial were in custody at the time of the incident. 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. Click the citation to see the full text of the cited case. 1991)). ." 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." But the Santa Rosa police chief warned Monday the snake already is growing another head, and that the state is unequipped to deal with it. In their plea agreements, Magdaleno, Romero, and Cervantes admit to participating in the distribution of narcotics to other inmates at Monterey County Jail. 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. People v. Prunty Supreme Court of California. Others who were convicted earlier in the probe include Luis "Roach" Aroche, the regional commander of the Nuestra Familia in San Francisco, and Sheldon "Skip" Villanueva, a captain of the gang in San Jose. The Court may do so within the confines of the time afforded for trial and outside the presence of the jury. San Francisco, CA 94102, San Francisco: (415) 436-7200 1994)); see also id. 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. However, any sentence will be imposed by the court only after consideration of the U.S. Among the necessary prerequisites to admitting a statement under this exception is that a "party's coconspirator" made the statement: "Before an alleged co-conspirator's statement can be admitted into evidence under Rule 801(d)(2)(E), the government must establish that the declarant . 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