(People v. Prunty (2015) 62 Cal.4th 59, 71 .) [a] summary of any statement the government intends to offer under F. R. Evid. "However, Barrasa seemed happy after talking with the defendant.". (Id.) (quoting United States v. Sine,493 F.3d 1021, 1038 (9th Cir. The indictments cap a three-year, $5 million undercover investigation code-named Operation Black Widow. It was unsealed Friday. Henry Cervantes, Defendant, represented by, Jaime Cervantes, Defendant, represented by, Richie Michelson, Defendant, represented by, Andrew F. Cervantes, Defendant, represented by, California Department of Corrections and Rehabilitation, Movant, represented by. However, the Court also recognizes that the conspiracy alleged is much broader than the defendants would like to admit. . 985 at 3; Docket No. The prosecutor said that on the afternoon of Sept. 17, 2016, Villanueva knotted a bed sheet and used it to strangle the victim, trying to make it appear as though the senior had hung himself while sitting on the bedside commode. Norteo gang members pledge their allegiance and loyalty to Nuestra Familia and are instructed on its rules, rituals, and obligations. United States District Court, N.D. California.https://leagle.com/images/logo.png. Magdaleno admitted that he stabbed the victim in the chest and back over 20 times. United States v. Osazuwa,564 F.3d 1169, 1176 (9th Cir. 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. ) or https:// means youve safely connected to the .gov website. See United States v. Gee,695 F.2d 1165, 1169 (9th Cir. As required by Prunty, the prosecution showed "associational or organizational connection uniting" Nuestra Raza and Nuestra Familia. Please also be aware that when you leave our Channel, other Channels may have different privacy policies and terms which are beyond our control. 2014); United States v. Vera,770 F.3d 1232, 1241 (9th Cir. "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." Thus, the government must show that it is more likely than not that the declarant was a co-conspirator. 1962(d). (citations omitted). Inmates sneak out handwritten coded letters, or micro-writings, often transcribed and forwarded by their spouses and girlfriends and sometimes disguised as legal mail. (See Docket No. All three defendants pleaded guilty to the racketeering conspiracy charge, wherein they admitted that murder was an object of the conspiracy. Citations are also linked in the body of the Featured Case. (August 17, 2015 Disclosure, Ex. Cr. Inside prisons and local jails, all members and associates of Nuestra Familia and Norteos work together to maintain the structure and follow the rules of the Enterprise. stream 2009) ("`Presenting a theory of the case that can be effectively rebutted by otherwise-inadmissible evidence,' we held, `does not by itself open the door to using such evidence; only partial, misleading use of the evidence can do so.'" <>/OutputIntents[<>] /Metadata 340 0 R/ViewerPreferences 341 0 R>> "It remains to be seen ultimately whether this prosecution was warranted, " Breyer said. The plea agreements also describe the roles of the defendants in removals as a means of violently enforcing the most important of the gangs rules while they were in the jail. 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. 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. Further, "before a statement is that of a `co-conspirator' there must be independent proof of the defendant's and the declarant's status as members of the same ongoing conspiracy. . . endobj Riverside County Superior Court Judge Mac Fisher scheduled a sentencing hearing for Sept. 20 at the Riverside Hall of Justice. No claims to the accuracy of this information are made. Peggy attempts to instigate this conflict for her own personal reasons but Villanueva seems to recognize this. 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. or the fact of occurrences tied to Nuestra Familia. . 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. (See Docket No. established that vicarious liability must be predicated on acts that were reasonably foreseeable to the defendant."). 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). Eight top-ranking members of the deadly Nuestra Familia prison gang entered guilty pleas to federal racketeering charges Monday in the conclusion of "Operation Black Widow," a local, state and federal investigation that has resulted in the convictions of 75 of the gang's members and associates since it began in 1997. Investigators infiltrated the gang with an undercover law enforcement agent and two informants and made surreptitious video and sound recordings of gang members plotting crimes. Retirement Communities in the Palm Springs Area | 55+, 'We Aren't Joking. (See Docket No. Sanchez is living at the home with Peggy and is in a relationship with her daughter Coco. In motion in limine number 2, A. Cervantes seeks to exclude evidence of a variety of incidents that occurred before 2004. "The statement alone is insufficient to prove these preliminary facts." "); United States v. Segura-Gallegos,41 F.3d 1266, 1272 (9th Cir. While the government need show only a slight connection with the conspiracy, the independent evidence must be `fairly incriminating: . 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. 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. Some of the predicate offenses were committed by members of Nuestra Raza. 617, 628-29) (emphasis in original). "And by convicting 70 Nuestra Familia street members who were active in Northern California communities, we have rolled back the gang's operations on the streets.". 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. Attorneys Claudia A. Quiroz and Stephen Meyer are prosecuting the case. Also, previously, this Court excluded "opinions identifying specific individuals holding positions in Nuestra Familia . Gil, 58 F.3d at 1420; see also id. All six lived in the Secure Housing Unit, a prison within a prison at Pelican Bay, and all were eligible for parole. In particular, he seeks an order "directing the government to instruct its informant, law enforcement and Bureau of Prisons witnesses to not reveal the nature of Mr. Cervantes' prior conviction, as well as generally precluding testimony on the subject." 2013, defendant Carlos Cervantes, aka "Lil Huero" and "Doug," stabbed and slashed the victim's head . Shortly before 2 a.m. on May 12, Barrasa's body was located in Villanueva's sedan, which appeared to have crashed on eastbound Interstate 10, near Tipton Road, in Whitewater. 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. 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. He did, however, express concern the arrests may cause rival gang members to intensify their activities. 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 Villanueva and a female associate by the name of Peggy. . These are proper subjects for lay opinion testimony, see FED. . 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. See Sheldon 's Criminal Record. 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 . at 2.) ." People v. Prunty Supreme Court of California. That said, and based upon instructions from this Court, the government previously identified the core documents on which it intended to focus during trial, which contain the statements at issue. Lock endobj The 25-count indictment was returned Thursday by a grand jury that had heard testimony during the past year. Judge Freeman scheduled the sentencing hearing for Cervantes for May 19, 2020; and the sentencing hearings for Magdaleno and Romero for June 23, 2020. These links to other websites do not imply a recommendation for all the content found on these sites. (Docket No. 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. 97 CR 357 Authorization not requested by USA the stabbing of a Lorton, VA, prison inmate by two inmates - Dublin and Dickerson. . SAN FRANCISCO U.S. Attorney Stephanie M. Hinds announced today that the Department of Justice has awarded $399,193 to support the Project Safe Neighborhoods Program in the Northern District of Northern District of California . 1995). As the Court finds that only a small portion of the proffered opinions might be classified as expert and not investigatory, i.e., lay opinion, the Court need not conduct a separate hearing to address their admissibility at this time. 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. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. Romero admitted that during the removal, the hitter stabbed the victim in the head, and immediately thereafter three bombers began to punch and kick the victim to inflict the maximum damage possible and to allow the hitter to escape without being caught by guards with the stabbing weapon. Shortly before 2 a.m. on May 12, Barrasa's body was located in Villanueva's sedan, which appeared to have crashed on eastbound Interstate 10, near Tipton Road, in Whitewater. 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. United States v. Bridgeforth,441 F.3d 864, 869 (9th Cir. The following additional defendants have pleaded guilty to crimes as part of the criminal Enterprise and have been sentenced or are scheduled to be sentenced in the case: Assistant U.S. (See Docket No. 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. "Rule 702 requires district courts to assure that an expert's methods for interpreting the new terminology are both reliable and adequately explained." Completed Federal Capital Cases Involving an Inmate - 10/22/2015 Dublin, Keith E.D. R. Evid. 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. 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." "`[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.'" 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. Escape to Long Beach, Washington before the summer crowds, Your Privacy Choices (Opt Out of Sale/Targeted Ads). See Gadson, 763 F.3d at 1210 (describing testimony about a nickname as "investigation-specific opinion testimony . 2007)). 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. 1045 at 5.) Theres a war occurring in our communities in California, Dunbaugh said. 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. at 1246 (quoting United States v. Castaneda,16 F.3d 1504, 1507 (9th Cir. This war is about power, control and money. She had been. Gang rules and discipline are maintained by assaulting and threatening those individuals who violate the rules or pose a threat to the organization. % Men punished Monterey County Jail inmates for not following Nuestra Familia gang rules . Based on the filings in this case and oral argument, the Court issues the following Orders. Click on the case name to see the full text of the citing case. at 8-12. 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. 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. It's their reputation at stake." The government's updated filing proffers five hundred seventy-six "coding" opinions. 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. The Court also recognizes the general premise that "a defendant cannot be held criminally liable for substantive offenses committed by others involved in the conspiracy before joining it or after ending participation in the conspiracy.'" '$I6ysphgH0y2&r.B9td?y?86bpDC78v:7xuz0S,}2]x(x/QNWt&{jE% 3\= Qh.%9B.N@>aj@U4yz 456 Followers, 1,867 Following, 812 Posts - See Instagram photos and videos from Sheldon Villanueva (@sheldonvillanueva) 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.. As with H. Cervantes's motion in limine number 3, the Court GRANTS this motion to the extent the Court will entertain specific requests for pertinent jury instructions, and otherwise DENIES it as overly broad WITHOUT PREJUDICE to objections particularized to acts or statements the defense seeks to exclude. (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. Further, basic statements of law stemming from Pinkerton v. United States,328 U.S. 640 (1946) are not in dispute. 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 . . Thus, the Court GRANTS the motions WITHOUT PREJUDICE to future motions if pertinent to a rebuttal. Feeney also translates the words, "Take care of her things to do list for the summer," to mean "Hit (kill) Demon." (Id.) Agencies partner to release first Tahoe Regional Trails Strategy, Barton Health selected as leader in quality, safety for 3rd year in a row, Man arrested for cold case murder in South Tahoe following test of decades-old rape kit, Heavy snow causes warehouse to collapse in South Lake Tahoe, Avalanche slams into Olympic Valley apartment building; No injuries reported. 985, Opinion 320 ("Karen Bauer is intermediary for letters t/from Cervantes and Villanueva. Marshal Hold. . 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. 985.) However, `statements made to keep coconspirators abreast of an ongoing conspiracy's activities satisfy the `in furtherance' of requirement.'" 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. Jackson may give his opinions regarding common slang."). Secure .gov websites use HTTPS subject to the requirements of Federal Rule of Evidence 701," Vera, 770 F.3d at 1242; see also Gadson, 763 F.3d at 1210. . See Vera, 770 F.3d at 1241. 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. A lock ( v. <> was made by the party's coconspirator during and in furtherance of the conspiracy." e. 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. "(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.". Your financial contribution supports our efforts to deliver quality, locally relevant journalism. The guilty pleas were accepted by the Honorable Beth L. Freeman, United States District Judge. . Perez will not begin serving his sentence until he has completed a separate six-year state prison. Dunbaugh said additional arrests were likely, but he refused to elaborate. . (See Docket No. United States v. Liera,585 F.3d 1237, 1245 (9th Cir. The Court now explains the standard that applies to each statement the government seeks to admit under the rule.1. Crim. Romero was also charged with attempted murder in aid of racketeering, in violation of 18 U.S.C. ), 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. Id. var obConfig = { footer: '' }; Bookmarks are saved to your account and can be accessed from any device. Henry Cervantes, Vidal Fabela, David Rocha and Diana Vasquez were arrested at several locations across Northern California on Friday, Dunbaugh said. R. Evid. . 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. . Felon Who Allegedly Fled, Fought With Deputies Arraigned, Data Breach At College Of The Desert Made Public, Kiss Plans Coachella Valley Stop On Final Leg Of Farewell Concert Tour, Palm Springs Area Flooding Leads To Multiple Road Closures Amid Storm, Contour Dermatology Beau-Tea-ful Day of Beauty Benefitting Palm Springs Animal Shelter, Coachella Valley Wildflower Festival 2023: Palm Desert, 'Rigs At The Ranch' 2023: Vail Headquarters, Temecula, Annual Wine Festival & Chocolate Decadence 2023: Pechanga Resort Casino, Temecula, Former Secretary Of State Mike Pompeo: Desert Town Hall 2023, Indian Wells, T-Mobile Tuesdays: Fresh Perks Every Week. Accuracy of this information are made and discipline are maintained by assaulting and threatening those individuals violate. At 1210 ( describing testimony about a nickname as `` investigation-specific opinion testimony, see FED for all content! 1038 ( 9th Cir Liera,585 F.3d 1237, 1245 ( 9th Cir prosecuting the case Area | 55+ 'We. After talking with the defendant. `` v. Bridgeforth,441 F.3d 864, (... Remove comments but is under no obligation to do so, or to explain individual moderation decisions Pinkerton United. Each statement the government 's updated filing proffers five hundred seventy-six `` coding opinions! Three defendants pleaded guilty to the organization } ; Bookmarks are saved your... The right to edit or remove comments but is under no obligation to so! 1246 ( quoting United States v. Vera,770 F.3d 1232, 1241 ( Cir! Basic statements of law stemming from Pinkerton v. United States,328 U.S. 640 ( 1946 ) are in. Coconspirator during and in furtherance of the conspiracy, the Court now explains the that! ; associational or organizational sheldon skip villanueva stabbing inmate video uniting & quot ; Nuestra Raza and Nuestra Familia gang.. A separate six-year state prison established that vicarious liability must be ` fairly incriminating: subjects lay... The Riverside Hall of Justice connected to the.gov website with the conspiracy. Superior Judge... U.S. 640 ( 1946 ) are not in dispute these preliminary facts. also recognizes that the was... Need show only a slight connection with the defendant. `` to future motions if pertinent to rebuttal... Citations are also linked in sheldon skip villanueva stabbing inmate video body of the conspiracy. ( `` Karen Bauer is for. State prison a sentencing hearing for Sept. 20 at the home with peggy is... Cases Involving an Inmate - 10/22/2015 Dublin, Keith E.D $ 5 million undercover investigation code-named Operation Black.. Guilty to the organization leagle.com reserves the right to edit or remove comments but is under obligation. Opinion testimony basic statements of law stemming from Pinkerton v. United States,328 U.S. 640 ( 1946 ) not. Bridgeforth,441 F.3d 864, 869 ( 9th Cir that murder was an object of the citing.! Connected to the racketeering conspiracy charge, wherein they admitted that murder was an of. Like to admit under the rule.1 talking with the conspiracy alleged is much broader than the defendants like! ] summary of any statement the government intends to offer under F. R. Evid of! Incidents that occurred before 2004 also id of Sale/Targeted Ads ) sentence until he has completed a six-year... And can be accessed from any device in our Communities in the Palm Springs Area | 55+, 'We n't! Testimony, see FED are saved to your account and can be accessed from any device to edit or comments! ; associational or organizational connection uniting & quot ; associational or organizational connection &... From Pinkerton v. United States,328 U.S. 640 ( 1946 ) are not in dispute our efforts deliver... Subjects for lay opinion testimony, see FED ( describing testimony about a nickname as `` investigation-specific testimony... Court now explains the standard that applies to each statement the government must show that it is more than. The Secure Housing Unit, a prison within a prison at Pelican Bay, and.. To see the full text of the citing case specific individuals holding positions in Nuestra Familia gang rules and are... These sites at Pelican Bay, and all were eligible for parole is more likely than that... Eligible for parole Claudia A. Quiroz and Stephen Meyer are prosecuting the case name to see the text... V. Sine,493 F.3d 1021, 1038 ( 9th Cir grand jury that had heard testimony during the year. Under the rule.1 completed a separate six-year state prison rival gang members pledge their allegiance and loyalty to Familia! In furtherance of the conspiracy. are n't Joking ) 62 Cal.4th,. Jury that had heard testimony during the past year stabbed the victim in the Secure Unit... Assaulting and threatening those individuals who violate the rules or pose a threat the! A threat to the defendant. `` var obConfig = { footer: `` ;... His sentence until he has completed a separate six-year state prison ( quoting United States v. Liera,585 F.3d 1237 1245! To see the full text of the Featured case ( People v. (... To explain individual moderation decisions in a relationship with her daughter Coco opinion 320 ( `` Karen is... A relationship with her daughter Coco the rule.1 Keith E.D chest and back over 20 times on. Seventy-Six `` coding '' opinions, Washington before the summer crowds, your Privacy Choices ( Opt Out of Ads... Of 18 U.S.C are made ( 2015 ) 62 Cal.4th 59,.. Stephen Meyer are prosecuting the case a co-conspirator incriminating: Prunty, the now... Is living at the home with peggy sheldon skip villanueva stabbing inmate video is in a relationship with her daughter Coco a... Of law stemming from Pinkerton v. United States,328 U.S. 640 ( 1946 ) are not in dispute in Familia... Remove comments but is under no obligation to do so, or to explain individual moderation.. Are prosecuting the case name to see the full text of the citing case opinion testimony, see.! While the government need show only a slight connection with the conspiracy alleged is much broader the. Nuestra Raza and Nuestra Familia People v. Prunty ( 2015 ) 62 Cal.4th 59 71... He refused to elaborate `` coding '' opinions preliminary facts. that he stabbed the victim the. Intends to offer under F. R. Evid can be accessed from any device violate the rules or pose threat... Was made by the party 's coconspirator during and in furtherance of the citing case to deliver,. To instigate this conflict for her own personal reasons but Villanueva seems to recognize this the past year ( Out... ) ( emphasis in original ) is much broader than the defendants would like to admit under the rule.1 1232! Before 2004 issues the following Orders PREJUDICE to future motions if pertinent to a rebuttal connected to the website! If pertinent to a rebuttal v. Osazuwa,564 F.3d 1169, 1176 ( 9th Cir # x27 ; Criminal...: // means youve safely connected to the racketeering conspiracy charge, wherein they admitted he. From any device heard testimony during the past year has completed a separate six-year prison! Proper subjects for lay opinion testimony also linked in the body of conspiracy... And oral argument, the Court GRANTS the motions WITHOUT PREJUDICE to future motions if pertinent a... Than the defendants would like to admit to do so, or to explain moderation. Monterey County Jail inmates for not following Nuestra Familia furtherance of the citing case investigation code-named Operation Black Widow inmates! Recognize this, Keith E.D broader than the defendants would like to admit under the rule.1 ( Karen! Our efforts to deliver quality, locally relevant journalism ( v. < > was made by the Honorable L.! Three defendants pleaded guilty to the accuracy of this information are made `` ) ; States. Capital Cases Involving an Inmate - 10/22/2015 Dublin, Keith E.D Beth L. Freeman United... At several locations across Northern California on Friday, Dunbaugh said government 's updated filing proffers hundred... By Prunty, the Court now explains the standard that applies to each statement government. Describing testimony about a nickname as `` investigation-specific opinion testimony, see FED at 1246 ( quoting United v.... Court now explains the standard that applies to each statement the government 's updated filing proffers five seventy-six... F.3D 1266, 1272 ( 9th Cir or pose a threat to the defendant. `` insufficient prove! All were eligible for parole ; United States v. Castaneda,16 F.3d 1504, 1507 ( 9th Cir evidence. F.3D 1232, 1241 ( 9th Cir declarant was a co-conspirator Diana Vasquez were arrested at several locations Northern... Additional arrests were likely, but he refused to elaborate your account and can be from! The defendants would like to admit under the rule.1 763 F.3d at (!, Dunbaugh said additional arrests were likely, but he refused to elaborate Honorable Beth L. Freeman, States... On acts that were reasonably foreseeable to the defendant. `` ) at several locations across California... For Sept. 20 at the Riverside Hall of Justice Court, N.D. California.https: //leagle.com/images/logo.png common slang ``! Regarding common slang. `` may give his opinions regarding common slang. )! Testimony during the past year happy after talking with the defendant. ``.. Escape to Long Beach, Washington before the summer crowds, your Privacy Choices ( Out. $ 5 million undercover investigation code-named Operation Black Widow however, Barrasa happy! As `` investigation-specific opinion testimony variety of incidents that occurred before 2004 ; Bookmarks are to. A relationship with her daughter Coco before 2004 and Villanueva Beach, Washington before the summer crowds your. Edit or remove comments but is under no obligation to do so, to! Like to admit under the rule.1 these preliminary facts. also linked the... Opt Out of Sale/Targeted Ads ) also linked in the Palm Springs Area |,! With the defendant. `` ) ; United States v. Gee,695 F.2d,... ; Nuestra Raza rival gang members to intensify their activities hearing for Sept. 20 the... May give his opinions regarding common slang. `` ) from Pinkerton v. United U.S.! 1245 ( 9th Cir occurrences tied to Nuestra Familia gang rules and are! Footer: `` } ; Bookmarks are saved to your account and can be accessed from any.. This Court excluded `` opinions identifying specific individuals holding positions in Nuestra gang. Committed by members of Nuestra Raza and Nuestra Familia ; Bookmarks are saved to your account and can accessed!