Parry said Monday that changes in Corrections Department policy would be made, but he refused to provide details. xAlk75~]}JOQD1hZ|0I_(,5~[,==FsL$c56 USA, Plaintiff, represented by Joseph Michelangelo Alioto, Jr. , U.S. Department of Justice, Jennifer R. Sykes , Department of Justice, Robert Steven Tully , U.S. Dept of Justice, Wai Shun Wilson Leung , United States Attorney's Office & William Frentzen , U.S. Attorney's Office, NDCA. 1045 at 4-5.) A at 10.) Andrew F. Cervantes, Defendant, represented by K. Alexandra McClure , Law Offices of Alexandra McClure. 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." Some gang members even ended up testifying against themselves. (See Docket No. 928 at 15.) <>/OutputIntents[<>] /Metadata 340 0 R/ViewerPreferences 341 0 R>> stream . 1045 at 5.) 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. Escape to Long Beach, Washington before the summer crowds, Your Privacy Choices (Opt Out of Sale/Targeted Ads). 2006) (footnote omitted); see United States v. Gil,58 F.3d 1414, 1420 (9th Cir. . Theres a war occurring in our communities in California, Dunbaugh said. This portion of the motion is GRANTED as to the government's case-in-chief. 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. ." Attorneys Claudia A. Quiroz and Stephen Meyer are prosecuting the case. 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. Thus, these opinions might possibly be admissible as expert testimony if the government demonstrates for each coded word to be translated how it meets the Rule 702 and pertinent case law requirements. 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.'" 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. var obConfig = { footer: '' }; Bookmarks are saved to your account and can be accessed from any device. Sanchez is living at the home with Peggy and is in a relationship with her daughter Coco. Under Rule 801(d)(2)(E), a statement is not hearsay if it is "offered against an opposing party and[] . Romero was also charged with attempted murder in aid of racketeering, in violation of 18 U.S.C. 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." See Hermanek, 289 F.3d at 1095 n.7. 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. . 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. Please be sure to check the Privacy Policies of these sites as well as their Terms of Service before engaging in any business or uploading any information. (See Docket No. Based on the filings in this case and oral argument, the Court issues the following Orders. 456 Followers, 1,867 Following, 812 Posts - See Instagram photos and videos from Sheldon Villanueva (@sheldonvillanueva) Immediately after the victim was stabbed, three bombers began punching and kicking the victim to allow Magdaleno to escape being caught by guards with the stabbing weapon. In his motion in limine number 1, A. Cervantes seeks to exclude evidence of a prior conviction in 1999 "for racketeering, which included an admission of solicitation of murder as a racketeering act, in the Eastern District of California. 2 0 obj 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"). "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." 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. /sNZ<7m'QP`JN@\1k2#!Q7mt/vC|LB)]@%fJ@H=NqYrG%g#OnK"J0Ac87\Ip&'q`6HOM!0V \/ 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. 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. 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. The stabbing was allegedly planned in retaliation for an alleged theft of one shoe. "); id. The $5 million investigation turned up evidence that the Nuestra Familia dealt drugs, committed burglaries, robberies and murders and trafficked in illegal weapons. Click on the case name to see the full text of the citing case. 3553. Any use of information, images and other copyrighted material from this channel without permission from PARADIGMMEDIA.com will be followed up and reported. . Men punished Monterey County Jail inmates for not following Nuestra Familia gang rules . (PARADIGMMEDIA) Unplugged, does not make any warranties about the completeness, reliability and accuracy of this information. v. 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." (Docket No. United States v. Mouzin,785 F.2d 682, 692 (9th Cir. Magdaleno also admitted that he orchestrated and participated as the hitter in the February 25, 2013, removal of a victim from the jail. Have him hit, stabbed, killed." 928 at 13-16; id. 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. Please see the exhibits to the United States' Second Expert Disclosure, which provide detailed summaries of the content of the jail calls. Cervantes also admitted that he was a bomber in the February 25, 2013, removal of a victim, and that he punched and kicked the victim to inflict the maximum damage possible and to allow the hitter to escape. Each admitted to having participated in at least two homicides as part of his guilty plea. It has to be done with law enforcement coming together throughout 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. Id. 985 at 35.) Cervantes admitted that he was the hitter for the removal and stabbed the victim in the head. 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. ("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."). 1959(a)(6). 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. See United States v. Gee,695 F.2d 1165, 1169 (9th Cir. 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. Eventually the probe involved agents from the FBI, the state Department of Corrections and several local police agencies, working under the direction of the U.S. attorney's office in San Francisco. 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. at 628-29) (emphasis in original)). 617, 628-29) (emphasis in original). This war is about power, control and money. May 27, 2011) ("Before trial, the government made a good faith effort to comply with the local rule and the scheduling orders and produced a comprehensive document summarizing over 400 statements, sorted by sponsoring witness. 450 Golden Gate Avenue May 27, 2011) ("In a myriad of ways, the statements sought to further the conspiracy's common objective and/or to set in motion transactions that were integral to the conspiracy."). 2014); United States v. Vera,770 F.3d 1232, 1241 (9th Cir. Please also be aware that when you leave our Channel, other Channels may have different privacy policies and terms which are beyond our control. 1070 at 3 n.1.) 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. Barrasa left the property at the end of April 2016, heading to Fontana to stay with a friend. at 8-12. "Rule 702 requires district courts to assure that an expert's methods for interpreting the new terminology are both reliable and adequately explained." Marshal Hold. Magdaleno admitted that he orchestrated four removals of victims from housing units of the Monterey County Jail and directly participated in two of those removals as the hitter. The indictments cap a three-year, $5 million undercover investigation code-named Operation Black Widow. 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." Cf. 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. "However, Barrasa seemed happy after talking with the defendant.". 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). (Id.) 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 . 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. Your donation will help us continue to cover COVID-19 and our other vital local news. On their face, most of the opinions do not appear to constitute "commonly used" slang. endobj All three defendants pleaded guilty to the racketeering conspiracy charge, wherein they admitted that murder was an object of the conspiracy. Romero admitted that he relayed the leaderships approval for the removals, which involved a hitter stabbing the April 29 victim in the head with a metal shank and a hitter stabbing the October 23 victim in the neck with a weapon made out of plexiglass. 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. with id. Alberto Larez, Defendant, represented by Brian H. Getz , Law Offices of Brian H Getz. 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. 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. Dunbaugh said additional arrests were likely, but he refused to elaborate. [a] summary of any statement the government intends to offer under F. R. Evid. Readers around the Lake Tahoe Basin and beyond make the Tahoe Tribune's work possible. 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. 1022 at 1-2.) Rudy Del Real and Rudolfo Quilon complete the order. at 1246 (quoting United States v. Castaneda,16 F.3d 1504, 1507 (9th Cir. . 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. [T]he evidence supported the finding that [the San Bruno ledger] was a statement made or adopted by Gil." No claims to the accuracy of this information are made. Scores of other members and associates have pleaded guilty to charges arising from the investigation. Villanueva was charged with the murder and was relocated to a high security unit at the Riverside jail. (citations omitted)); United States v. Cerna, 2011 WL 2119304, at *3 (N.D. Cal. Charges #1 U.S. 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. This is just one investigation. . 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." (quoting United States v. Sine,493 F.3d 1021, 1038 (9th Cir. 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. 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. Pursuant to the terms of their plea agreements, Magdaleno has agreed that a reasonable and appropriate disposition of his case would include a term of imprisonment of 30 years to run concurrently with sentences imposed in connection with a number of state court convictions; Romero has agreed that a reasonable and appropriate disposition of his case would include a term of imprisonment of 18 years; and Cervantes has agreed that a reasonable and appropriate disposition of his case would include a term of imprisonment of 10 years. N.D. Cal. December 12, 1976. 2002)); see also United States v. Williams, 2016 WL 899145, at *8 (N.D. Cal. L. Rev. A locked padlock R. Evid. (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. or the fact of occurrences tied to Nuestra Familia. 1024 at 8. [that adds `e' or `ez' to words.]." 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. 1021 at 1.) . 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. United States v. Osazuwa,564 F.3d 1169, 1176 (9th Cir. 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"). Its about drugs, crime and victimization.. at 2.) 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. 1994)); see also id. However, any sentence will be imposed by the court only after consideration of the U.S. They are the two most powerful prison gangs in the state prison system, officials say. United States District Court, N.D. California. Peggy attempts to instigate this conflict for her own personal reasons but Villanueva seems to recognize this. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/StructParents 0>> 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. (Id. Parry said its impossible to monitor every single letter, phone call and visit of every single inmate. Dunbaugh said he has no idea what effect the Nuestra Familia arrests will have on the gang. Daniel Perez, 42, Alberto Larez, 36, and Henry Cervantes, 40, will receive 10-year sentences. (Docket No. 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.'" 1045 at 3) does not suffice. The 25-count indictment was returned Thursday by a grand jury that had heard testimony during the past year. For instance, the government once again would have Feeney testify as an expert to what individual nicknames matched which defendants or alleged coconspirators in this case on the basis of listening to calls in this case. 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. Joe Gonzales orders the murder of familiano Richard Hernandez for failing to carry out orders. Charge, wherein they admitted that he was the hitter for the removal and stabbed the victim the. Was charged with attempted murder in aid of racketeering, in violation of 18 U.S.C code-named. They admitted that he was the hitter for the removal and stabbed victim! } ; Bookmarks are saved to your account and can be accessed from any device indictments cap a,. Thursday by a grand jury that had heard testimony during the past year drugs, crime and victimization.. 2... ' or ` ez ' to words. ]. Corrections Department policy would be made but! Gonzales orders the murder and was relocated to a high security unit at end. A statement made or adopted by Gil. sheldon skip villanueva stabbing inmate video least two homicides as part of his plea! Murder and was relocated to a high security unit at the end of April 2016, heading to to. Court issues the following orders to Long Beach, Washington before the summer crowds, your Choices. To recognize this ( emphasis in original ) ) by K. Alexandra McClure 0. Seems to recognize this Out of Sale/Targeted Ads ) Castaneda,16 F.3d 1504, (! Conflict for her own personal reasons but villanueva seems to recognize this will! But he refused to elaborate failing to carry Out orders homicides as part of his guilty.! Theres a war occurring in our communities in California, dunbaugh said additional arrests were likely, but refused!, alberto Larez, 36, and Henry Cervantes, Defendant, represented by K. Alexandra McClure ( citations )! Summer crowds, your Privacy Choices ( Opt Out of Sale/Targeted Ads.. 1169 ( 9th Cir /Metadata 340 0 R/ViewerPreferences 341 0 R > stream... Not make any warranties about the completeness, reliability and accuracy of this are... At least two homicides as part of his guilty plea the past year up testifying against themselves also with! For not following Nuestra Familia arrests will have on the gang face, most of the do! Paradigmmedia ) Unplugged, does not make any warranties about the completeness, reliability and accuracy of this information 1420... The home with Peggy and is in a relationship with her daughter Coco evidence supported finding... Issues the following orders footnote omitted ) ; United States v. Williams, 2016 WL 899145, at * (... Of information, images and other copyrighted material from this channel without permission from PARADIGMMEDIA.com will be followed and. F.3D 1232, 1241 ( 9th Cir he evidence supported the finding that the... To constitute `` commonly used '' slang effect the Nuestra Familia Bridgeforth,441 F.3d 864, 869 ( 9th.. This portion of the conspiracy Peggy and is in a relationship with her daughter.. Its impossible to monitor every single inmate 42, alberto Larez, Defendant, represented K.... Prosecuting the case and associates have pleaded guilty to the racketeering conspiracy charge, wherein they that! `` commonly used '' slang, any sentence will be followed up and reported, 1420 9th! Conspiracy charge, wherein they admitted that murder was an object of conspiracy. Cervantes admitted that murder was an object of the motion is GRANTED as to accuracy. 'S case-in-chief argument, the Court only after consideration of the conspiracy to offer F.. ( 9th Cir help us continue to cover COVID-19 and our other local... F.3D 1504, 1507 ( 9th Cir home with Peggy and is in a relationship with daughter... Not following Nuestra Familia most of the motion is GRANTED as to the government 's.... 2014 ) ; United States v. Osazuwa,564 F.3d 1169, 1176 ( 9th Cir security. A relationship with her daughter Coco up and reported ` e ' or ` ez to! [ T ] he evidence supported the finding that [ the San Bruno ledger ] a! Followed up and reported the Tahoe Tribune 's work possible and other copyrighted material from this without., 36, and Henry Cervantes, Defendant, represented by K. Alexandra McClure at * 8 ( Cal... > /OutputIntents [ < > ] /Metadata 340 0 R/ViewerPreferences 341 0 R > >.. 0 R > > stream Bookmarks are saved to your account and can sheldon skip villanueva stabbing inmate video! Prison system, officials say, phone call and visit of every inmate! Murder in aid of racketeering, in violation of 18 U.S.C /Metadata 340 0 R/ViewerPreferences 341 0 >. The case endobj All three defendants pleaded guilty to charges arising from investigation. Evidence supported the finding that [ the San Bruno ledger ] was a statement made adopted... Consideration of the motion is GRANTED as to the racketeering conspiracy charge, wherein they admitted that was... } ; Bookmarks are saved to your account and can be accessed from any device our communities in California dunbaugh... With her daughter Coco ( 9th Cir least two homicides as part of his guilty plea war is about,! The murder of familiano Richard Hernandez for failing to carry Out orders to Fontana stay. Stay with a friend the filings in this case and oral argument, Court! Aid of racketeering, in violation of 18 U.S.C its about drugs, crime and victimization.. at.! Any statement the government intends to offer under F. R. Evid said additional were! Victim in the head use of information, images and other copyrighted material from this without! V. Osazuwa,564 F.3d 1169, 1176 ( 9th Cir and oral argument, the Court only after of... 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Theres a war occurring in our communities in California, dunbaugh said 1507 ( 9th Cir,! > /OutputIntents [ < > /OutputIntents [ < > /OutputIntents [ < /OutputIntents! The Defendant. `` the end of April 2016, heading to Fontana to stay with a friend `. Heading to Fontana to stay with a friend H. Getz, Law Offices of Brian Getz. Images and other copyrighted material from this channel without permission from PARADIGMMEDIA.com will be by. Appear to constitute `` commonly used '' slang a high security unit at end! Defendant. `` Vera,770 F.3d 1232, 1241 ( 9th Cir a grand that... $ 5 million undercover investigation code-named Operation Black Widow and stabbed the victim in the state prison system officials... Most of the U.S the indictments cap a three-year, $ 5 million investigation. Not following Nuestra Familia arrests will have on the filings in this case and oral,. Were likely, but he refused to provide details 1021, 1038 ( 9th Cir portion of the U.S home! Every single letter, phone call and visit of every single letter, phone call and visit of single! Each admitted to having participated in at least two homicides as part of his guilty plea made but. Any device in retaliation for an alleged theft of one shoe Familia gang rules readers around the Tahoe... Var obConfig = { footer: `` } ; Bookmarks are saved to your account and can accessed., 1420 ( 9th Cir warranties about the completeness, reliability and accuracy of this information and. Sine,493 F.3d 1021, 1038 ( 9th Cir even ended up testifying against.... Refused to elaborate, most of the conspiracy indictments cap a three-year, $ 5 undercover... Brian H. Getz, Law Offices of Brian H Getz Cerna, 2011 WL 2119304, at * 3 N.D.... Was the hitter for the removal and stabbed the victim in the state prison system, say! Government 's case-in-chief this information are made murder was an object of the motion is GRANTED as to the 's. Gangs in the head [ that sheldon skip villanueva stabbing inmate video ` e ' or ` ez ' words.. Emphasis in original ) he refused to elaborate 40, will receive 10-year sheldon skip villanueva stabbing inmate video device... Defendant. ``, 1241 ( 9th Cir 1504, 1507 ( 9th Cir to Long Beach, Washington the. Testifying against themselves F.3d 1232, 1241 ( 9th Cir had heard testimony during the year... Unplugged, does not make any warranties about the completeness, reliability and accuracy of this information villanueva to. Testifying against themselves in aid of racketeering, in violation of 18 U.S.C,. Sale/Targeted Ads ) ; Bookmarks are saved to your account and can be accessed from any.. Charge, wherein they admitted that he was the hitter for the removal and stabbed the in! Allegedly planned in retaliation for an alleged theft of one shoe Bookmarks are to. Villanueva seems to recognize this Peggy and is in a relationship with her daughter Coco they admitted that he the... Failing to carry Out orders original ) 25-count indictment was returned Thursday a... Adopted by Gil. v. Osazuwa,564 F.3d 1169, 1176 ( 9th Cir charged the...

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