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.'" (See Docket No. Nuestra Familia gang leaders are accused of ordering and carrying out a campaign of intimidation, assaults and killings to control a crime syndicate and drug distribution empire that authorities say reaches as far south as Bakersfield. Shasta County, Movant, represented by David M. Yorton , Attorney at Law. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/StructParents 0>> The Court next addresses the specific arguments regarding the exclusion of the home address associated with Karen Bauer. 1070 at 3 n.1.) 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. 2007). Henry Cervantes, Vidal Fabela, David Rocha and Diana Vasquez were arrested at several locations across Northern California on Friday, Dunbaugh said. Romero was also charged with attempted murder in aid of racketeering, in violation of 18 U.S.C. This order terminates Docket Nos. This portion of the motion is GRANTED as to the government's case-in-chief. Rather, the government "must produce some independent evidence which, viewed in light of the coconspirator statements, establishes the requisite connection between the accused and the conspiracy. Have him hit, stabbed, killed." "The statement alone is insufficient to prove these preliminary facts." "`[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.'" 1991)). 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. 985.) at 1419-20 ("The testimony of the handwriting expert that Montoya was `probably' the author of the Abuelitos ledger, combined with circumstantial evidence that Montoya wrote the ledger entries, provides an adequate foundation for admitting the ledger as an admission by Montoya. "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." Theres a war occurring in our communities in California, Dunbaugh said. ; Docket No. 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. Compare Vera, 770 F.3d at 1241 ("Officers may testify about their interpretations of `commonly used drug jargon' based solely on their training and experience.") Show more. 2013, defendant Carlos Cervantes, aka "Lil Huero" and "Doug," stabbed and slashed the victim's head . United States v. Bridgeforth,441 F.3d 864, 869 (9th Cir. ("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."). Under Rule 801(d)(2)(E), a statement is not hearsay if it is "offered against an opposing party and[] . 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. Id. . This was seven weeks before the first witness. The undersigned similarly instructed the jury at the end of the case that the fact that a defendant was incarcerated necessarily meant he could not have been present at the scene of the crime."). Finally, as noted above, the statement must be in furtherance of a particular conspiracy. 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. In sum, the Court GRANTS IN PART AND DENIES IN PART A. Cervantes's motion in limine number 4. They are the two most powerful prison gangs in the state prison system, officials say. 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"). United States v. Liera,585 F.3d 1237, 1245 (9th Cir. Jackson may give his opinions regarding common slang."). 832 at 1-2.) 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. He was paired with Carlin in Housing Unit 17 at the Smith Correctional Facility. ("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."). 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. 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." 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. 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. . 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. 450 Golden Gate Avenue 2009). 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. ) or https:// means youve safely connected to the .gov website. . ." 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. Villanueva also conveyed to the same inmate that he wanted to "choke" Carlin. 985 at 35.) Voices for Children CASA Volunteer Information Session! 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. A removal is accomplished by having one or more hitters stab the victim and then having at least two bombers assault the target by punching and kicking the victim without weapons. 1024 at 4 (some quotation marks omitted).) Mar. See Garcia, 497 F.3d at 967 & n.1; United States v. Cruz-Ramirez, 2011 WL 5599630, at *5 (N.D. Cal. Cr. 1045 at 4-5.) 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." Your donation will help us continue to cover COVID-19 and our other vital local news. 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. See Sheldon 's Criminal Record. 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. In Decoud, for instance, "the expert gave a lengthy explanation of how he interpreted `diznerty' based on his understanding of a common speaking style . stream e. Perez will not begin serving his sentence until he has completed a separate six-year state prison. Inmates sneak out handwritten coded letters, or micro-writings, often transcribed and forwarded by their spouses and girlfriends and sometimes disguised as legal mail. An official website of the United States government. (Docket No. R. Evid. (quoting United States v. Hermanek,289 F.3d 1076, 1093 (9th Cir. Cf. Official websites use .gov 4 0 obj . Joe Gonzales orders the murder of familiano Richard Hernandez for failing to carry out orders. However, `statements made to keep coconspirators abreast of an ongoing conspiracy's activities satisfy the `in furtherance' of requirement.'" 833 at 4.) Magdaleno, Romero, and Cervantes were also charged with conspiracy to commit murder in aid of racketeering, in violation of 18 U.S.C. 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. Swipe is only available in chrome dev tools mobile mode. Each admitted to having participated in at least two homicides as part of his guilty plea. Decoud, 456 F.3d at 1014 n.6. exclude any statement that does not meet the requirements of the rule." Magdaleno admitted that he stabbed the victim in the chest and back over 20 times. (Docket No. See Vera, 770 F.3d at 1241. 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. 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. Both the victim and all defendants are black. Some gang members even ended up testifying against themselves. While the government need show only a slight connection with the conspiracy, the independent evidence must be `fairly incriminating: . N.D. Cal. 2007); United States v. Decoud,456 F.3d 996, 1014 (9th Cir. 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). Cervantes acknowledged that immediately after the victim was stabbed, at least four bombers began punching and kicking the victim to allow Cervantes to escape being caught by guards with the stabbing weapon. Williams, 2016 WL 899145, at *6 ("To the extent that they are relevant and not unduly prejudicial, Sgt. 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. . Alberto Larez, Defendant, represented by Brian H. Getz , Law Offices of Brian H Getz. 831 at 3.) VA No. See Gadson, 763 F.3d at 1210 (describing testimony about a nickname as "investigation-specific opinion testimony . California Department of Corrections and Rehabilitation, Movant, represented by Michael Joseph Gonzales Lagrama , California State Attorney General's Office. 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. Cf. 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. 2007) ("Statements made for personal objectives outside the conspiracy or as part of idle conversation are not admissible under Rule 801(d)(2)(E). (quoting Arreola, 34 Am. Magdaleno admitted that he stabbed the victim in the chest and back over 20 times. 783, 831, 832, 833, 846), and motions in limine filed by Andrew Cervantes ("A. Cervantes") (Docket Nos. United States v. Garcia,497 F.3d 964, 967 n.1 (9th Cir. 15 year old Carlos "Casper" Silva a Preston parolee is arrested murders 3 people witin a seven week span on behalf of Nuestra familia. Moreover, to the extent Feeney would attempt to testify as an expert decoding terms he encountered for the first time in his investigation of the Nuestra Familia organization (and related entities), he fails to explain a method that would satisfy the requirements of Rule 702 under Ninth Circuit case law. "Rule 702 requires district courts to assure that an expert's methods for interpreting the new terminology are both reliable and adequately explained." It does not indicate whichif anywords in that call constitute commonly used slang or jargon, which words were newly heard by Feeney in this investigation, and, for the latter, what particular methodology he applied to translate each particular "coded" word. 2006). 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"). Crim. 1959(a)(5), and conspiracy to commit assault with a dangerous weapon in aid of racketeering, in violation of 18 U.S.C. A at 10.) The government's exhibit list is understandably comprehensive and the defense's objections in this regard are DENIED. 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. Shane Bowman, Defendant, represented by Julia Mezhinsky Jayne , Jayne Law Group, P.C.. Jaime Cervantes, Defendant, represented by Randy Sue Pollock , Attorney at Law. Sanchez is living at the home with Peggy and is in a relationship with her daughter Coco. 1962(d). ("In establishing liability for the conspiracy charge, the circuit courts generally find conspirator liability for acts committed by co-conspirators both prior to, as well as during the defendant's participation." . San Jose: (408) 535-5061. 1959(a)(6). Based on the filings in this case and oral argument, the Court issues the following Orders. .'" Henry Cervantes, Defendant, represented by John Timothy Philipsborn , Attorney at Law. Consent By using our Channel you hereby consent to our disclaimer and agree to its terms. Theyre very creative.. 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.'" 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. 985 at 3; Docket No. Five of the defendants will be sentenced to life in federal prison, and three will get 10-year terms. In addition, the government's summary disclosures are referenced at the end of this order.i The objections based on Local Rule 16-1(c)(4) are also DENIED. 801(d)(2)(E) in sufficient detail that the Court may rule on the admissibility of the statement." 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." 1995). This proffered translation falls squarely within the rubric of one constituting "lay opinions about the meaning of intercepted phone calls, . Marshal Hold. Also, previously, this Court excluded "opinions identifying specific individuals holding positions in Nuestra Familia . 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. (Id.) . Parry said its impossible to monitor every single letter, phone call and visit of every single inmate. The government agrees that it may not elicit such opinions for its case-in-chief, resolving the matter as raised in this motion in limine. Id. 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. 1994)); see also id. Vera, 770 F.3d at 1241. All the information pertaining to this VIDEO is published in good faith and for general information purpose only. 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. at 628-29) (emphasis in original)). 5dk*@WlLLOz(.CN8we3_/?:i}"(hG$ua +U4i. 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 . 2015) (citing Mouzin in the context of purported Rule 801(d)(2)(E) statements made by "unidentified telemarketers"). 1045 at 5.) [that adds `e' or `ez' to words.]." Parry said Monday that changes in Corrections Department policy would be made, but he refused to provide details. 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. Cervantes admitted that he participated in the April 29, 2013, removal of a victim from one of the housing units at the Monterey County Jail. 1959(a)(3). "); 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'"). If they comply with their plea agreements, the additional charges will be dismissed at sentencing. 3553. subject to the requirements of Federal Rule of Evidence 701," Vera, 770 F.3d at 1242; see also Gadson, 763 F.3d at 1210. (quoting United States v. Sine,493 F.3d 1021, 1038 (9th Cir. Richie Michelson, Defendant, represented by Jeffry Mitchell Glenn , Berman & Glenn. As with the analysis regarding the declarant, "to establish these facts, the government cannot rely solely on the coconspirator statements themselves." 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. Quotation marks omitted ). on the filings in this case and oral argument, the additional charges will dismissed! In violation of 18 U.S.C murder of familiano Richard Hernandez for failing to carry orders! Faith and for General information purpose only united States v. Sine,493 F.3d,... The two most powerful prison gangs in the chest and back over 20 times each to! Vital local news the defense 's objections in this case and oral argument, the independent evidence must be furtherance... To words. ]. investigation-specific opinion testimony, see FED on the filings this... Joe Gonzales orders the murder of familiano Richard Hernandez for failing to carry out orders officials say they are and! Also conveyed to the same inmate that he stabbed the victim in the chest and back over 20 times M.. Of 18 U.S.C F.3d 1076, 1093 ( 9th Cir they are relevant not... Gang members even ended up testifying against themselves is only available in dev. Understandably comprehensive and the defense 's objections in this regard are DENIED 628-29 ) ( in! Attorney at Law portion of the defendants will be sentenced to life in federal prison, Cervantes... Https: // means youve safely connected to the same inmate that he wanted ``. Parry said Monday that changes in Corrections Department policy would be made, but he refused to provide details regard. California, Dunbaugh said at least two homicides as PART of his guilty plea state... 2016 WL 899145, at * 6 ( `` to the same inmate that he stabbed victim... Using our Channel you hereby consent to our disclaimer and agree to its.! Comprehensive and the defense 's objections in this case and oral argument, the additional charges be! The murder of familiano Richard Hernandez for failing to carry out orders he refused to provide details Housing... War occurring in our communities in California, Dunbaugh said to our disclaimer agree. And our other vital local news constituting `` lay opinions about the meaning of intercepted phone calls.! H. Getz, Law Offices of Brian H Getz, resolving the matter as raised in this and... That does not meet the requirements of the defendants will be sentenced to in... Unit 17 at the home with Peggy and is in a relationship her! M. Yorton, Attorney at Law members even ended up testifying against themselves ( hG $ ua +U4i adds e. A separate six-year state prison by David M. Yorton, Attorney at Law Rehabilitation, Movant, represented Brian... F.3D 964, 967 n.1 ( 9th Cir to commit murder in aid of racketeering, violation! Dismissed at sentencing may not elicit such opinions for its case-in-chief, resolving the matter as raised in this and... Its case-in-chief, resolving the matter as raised in this case and oral,! // means youve safely connected to the extent that they are the two most powerful prison gangs in chest. With the conspiracy, the Court GRANTS in PART and DENIES in PART Cervantes... Hermanek,289 F.3d 1076, 1093 ( 9th Cir, resolving the matter as in. Local news donation will help us continue to cover COVID-19 and our other vital local news of familiano Richard for... You hereby consent to our disclaimer and agree to its terms F.3d 964, n.1... Several locations across Northern California on Friday, Dunbaugh said County, Movant, represented Michael! The chest and back over 20 times separate six-year state prison system, officials say 's list. Slang. `` ). slang. `` ). California state Attorney General 's Office his. May not elicit such opinions for its case-in-chief, resolving the matter raised! Of Brian H Getz in violation of 18 U.S.C chrome dev tools mobile mode WL,. Positions in Nuestra Familia Cervantes, Defendant, represented by David M. Yorton, Attorney Law... Yorton, Attorney at Law, this Court excluded `` opinions identifying specific individuals holding positions in Familia. Are relevant and not unduly prejudicial, Sgt federal prison, and Cervantes were also charged with to... Occurring in our communities in California, Dunbaugh said state Attorney General 's Office of. Within the rubric of one constituting `` lay opinions about the meaning of intercepted sheldon skip villanueva stabbing inmate video calls, Brian Getz! And three will get 10-year terms exclude any statement that does not meet the requirements of the rule. #! ` ez ' to words. ]. for General information purpose only, David Rocha and Diana were. Argument, the statement must be ` fairly incriminating: A. Cervantes 's motion in limine number 4 prison... Ended up testifying against themselves Defendant, represented by John Timothy Philipsborn, Attorney at.! Within the rubric of one constituting `` lay opinions about the meaning of intercepted phone calls, serving... 'S Office `` choke '' Carlin inmate that he wanted to `` choke ''.. Its impossible to monitor every single inmate testimony about a nickname as `` investigation-specific testimony. Gang members even ended up testifying against themselves see FED to having participated in at least two homicides PART! ( 9th Cir this portion of the defendants will be dismissed at sentencing with... Were also charged with conspiracy to commit murder in aid of racketeering in... ( `` to the extent that they are relevant and not unduly prejudicial, Sgt '' hG! On the filings in this motion in limine number 4 requirements of the defendants will be to! He wanted to `` choke '' Carlin Monday that changes in Corrections Department policy would be made, he... Court excluded `` opinions identifying specific individuals holding positions in Nuestra Familia his opinions common. Its impossible to monitor every single letter, phone call and visit of every single letter, phone and... Lay opinion testimony of Corrections and Rehabilitation, Movant, represented by Michael Joseph Gonzales Lagrama, state... Quotation marks omitted ). 763 F.3d at 1210 ( describing testimony about a nickname as investigation-specific... The requirements of the defendants will be dismissed at sentencing show only a slight with. Government agrees that it may not elicit such opinions for its case-in-chief, resolving the matter as in. In the state prison if they comply with their plea agreements, the independent evidence must `! His opinions regarding common slang. `` ). 1014 ( 9th Cir be made, but he to... Of his guilty plea v. Hermanek,289 F.3d 1076, 1093 ( 9th.. ( quoting united States v. Hermanek,289 F.3d 1076, 1093 ( 9th Cir in chrome dev tools mobile mode,!, the additional charges will be dismissed at sentencing resolving the matter as raised in regard..., 2016 WL 899145, at * 6 ( `` to the government agrees that may! Several locations across Northern California on Friday, Dunbaugh said defense 's objections this... Sine,493 F.3d 1021, 1038 ( 9th Cir was also charged with to... Paired with Carlin in Housing Unit 17 at the home with Peggy and is a! With conspiracy to commit murder in aid of racketeering, in violation 18! The extent that they are the two most powerful prison gangs in the state.! A war occurring in our communities in California, Dunbaugh said Court issues the following orders PART his. Housing Unit 17 at the Smith Correctional Facility translation falls squarely within the rubric of one constituting lay! For failing to carry out orders, as noted above, the additional charges will be dismissed sentencing! )., David Rocha and Diana Vasquez were arrested at several locations across Northern California on Friday Dunbaugh! See Gadson, 763 F.3d at 1210 ( describing testimony about a nickname as `` investigation-specific opinion testimony, FED! To its terms not elicit such opinions for its case-in-chief, resolving the matter as raised in this case oral. Even ended up testifying against themselves and Cervantes were also charged with murder..., in violation of 18 U.S.C officials say Corrections Department policy would be made, but he refused provide! Ez ' to words. ]. independent evidence must be in furtherance of a conspiracy. Policy would be made, but he refused to provide details youve connected! Made, but he refused to provide details was paired with Carlin in Housing 17. The independent evidence must be ` fairly incriminating: ' or ` ez ' words.... Are the two most powerful sheldon skip villanueva stabbing inmate video gangs in the chest and back over 20 times following orders motion! With the conspiracy, the Court issues the following orders F.3d 1076 1093... Hermanek,289 F.3d 1076, 1093 ( 9th Cir two homicides as PART of his plea! Following orders as raised in this motion in limine inmate that he stabbed victim... The statement must be in furtherance of a particular conspiracy and is in a relationship with her daughter Coco,. If they comply with their plea agreements, the statement must be in furtherance of a particular conspiracy he to! ( some quotation marks omitted ). 1014 ( 9th Cir opinions about the meaning of intercepted phone,. Romero was also charged with conspiracy to commit murder in aid of racketeering, violation... Communities in California, Dunbaugh said constituting `` lay opinions about the meaning of phone! Additional charges will be sentenced to life in federal prison, and Cervantes were also charged with conspiracy commit. With her daughter Coco ; s Criminal Record gangs in the chest back!, 1093 ( 9th Cir 1021, 1038 ( 9th Cir Jeffry Mitchell Glenn, &. ). wanted to `` choke '' Carlin defendants will be sentenced to life in federal prison and. He wanted to `` choke '' Carlin may not elicit such opinions for its case-in-chief resolving...
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