Case No. CR14-0120 EMC.


United States District Court, N.D. California.

June 5, 2015.

Attorney(s) appearing for the Case

Eduardo Alvarez, also known as Clumsy, Defendant (1), represented by Erik G. Babcock , Law Offices of Erik Babcock.

Elias Chavez, also known as Kiko, Defendant (2), represented by Kenneth Howard Wine , Law Offices of Hallinan & Wine.

Luis Cid-Salinas, also known as Lonely also known as Luis Cid-Cruz, Defendant (3), represented by Jeffry Mitchell Glenn , Berman & Glenn.

Ignacio Cruz, also known as Nacho, Defendant (4), represented by Mary Geraldine McNamara , Swanson & McNamara LLP & Nathan Kenneth Bays , Swanson McNamara LLP.

Juan Carlos Garcia-Gomez, also known as Lil Ghost, Defendant (5), represented by Randy Sue Pollock , Attorney at Law.

Jairo Hernandez, also known as Joker, Defendant (6), represented by Martin Antonio Sabelli , Law Offices of Martin A. Sabelli & William L. Osterhoudt , Law Office of William L. Osterhoudt.

Orlando Carlos Hernandez, also known as Chisto, Defendant (7), represented by Harris Bruce Taback , Law Offices of Harris B. Taback & Jennifer Lynn Naegele , Attorney at Law.

Jusef Nathan, also known as Boo, Defendant (8), represented by Camellia Baray , Law Offices of Camellia Baray.

Rogelio Real, also known as Payaso, Defendant (9), represented by Warrington S. Parker, III , Orrick Herrington & Sutcliffe LLP, Roland Chang , Orrick Herrington and Sutcliffe LLP & Sharon E Frase , Orrick.

Mario Serrano, also known as Caballo, Defendant (10), represented by Richard Alan Tamor , Law Offices of Tamor & Tamor.

Alberto Torres, also known as Taz, Defendant (11), represented by Robert Frederick Waggener , Law Office of Robert Waggener.

Carlos Vasquez, also known as Malo, Defendant (12), represented by Michael Stepanian , Law Offices of Michael Stepanian & Jennifer Lynn Naegele , Attorney at Law.

Weston Venegas, also known as Cartoon, Defendant (13), represented by Ethan Atticus Balogh , Coleman, Balogh & Scott LLP.

Michael Viera, also known as Lil Rocks also known as Rocks, Defendant (14), represented by George C. Harris , Morrison & Foerster LLP & Su-Han Wang , Morrison and Foerster LLP.

Miguel Ortiz, also known as Mute also known as Silent, Defendant (15), represented by Severa Laurance Keith , The Keith Law Office, P.C..

Antonio Castillo, also known as Tone also known as T-Mac, Defendant (16), represented by Michael N. Burt , Attorney at Law & Tony Tamburello , Attorney at Law.

Marvin Cortez, also known as Marv also known as Mickey also known as Miki, Defendant (17), represented by Richard B. Mazer , Law Offices of Richard Mazer & Thomas Joseph Nolan, Jr , Nolan, Armstrong, Barton LLP.

USA, Plaintiff, represented by Andrew Morgan Scoble , United States Attorney's Office, Kimberly Eloise Hopkins , United States Attorneys Office, Laurie Kloster Gray , U.S. Attorney's Office, Ronnie Montana Wagner , San Francisco Police Department & Wai Shun Wilson Leung , United States Attorney's Office.

PRETRIAL ORDER FOR CRIMINAL JURY TRIAL AND BRIEFING SCHEDULE (for trial group #1 Juan Carlos Garcia-Gomez, Jairo Hernandez, Rogelio Real and Carlos Vasquez)

Good cause appearing, it is hereby ordered that:


a. Jury trial is scheduled for 8/29/2016 at 8:30 a.m. in Courtroom 5, 17th Floor, 450 Golden Gate Avenue, San Francisco, California. Typical court day for trial is 8:30 a.m. to 2:00 p.m.; Thursdays are dark.

b. The length of trial is expected to last not more than 14 weeks.


Both sides will comply with the Federal Rules of Criminal Procedure and Criminal Local Rule 16-1. The United States will comply with Brady v. Maryland, 373 U.S. 83 (1963), Giglio v. United States, 405 U.S. 150 (1972) and United States v. Agurs, 427 U.S. 97 (1976).


Parties to present proposed stipulated schedule for all pretrial motions and disclosures by 6/22/2015.


a. A pretrial conference will be held on 8/9/2016 at 2:30 p.m. The attorneys who will try the case shall attend the conference and be prepared to discuss the matters set forth in Criminal Local Rule 17.1-1.

b. Not less than three (3) weeks before the Pretrial Conference, the parties shall, consistent with defendant's right to an effective defense, complete the following:

(1) Serve and file a pretrial statement pursuant to Crim. L.R. 17.1-1(b). (2) Serve and file a trial brief setting forth the following: (a) A description of each offense charged in the case. (b) A description of all of the relevant facts upon which the parties stipulate. (c) A brief description of the law applicable to each alleged offense, including, but not limited to, a listing of the elements of each alleged offense and affirmative defense and any instructions that the Court should consider in reaching a decision in the case. (d) Points of law on any other issues relevant to the trial, including all foreseeable procedural and evidentiary issues. (3) Serve and file a joint exhibit list in tabular form, with (a) a column that briefly describes the exhibit; (b) a column that describes for what purpose the party will offer the exhibit and identifies its sponsoring witness; (c) a column that states any objections to the exhibit; (d) a column that briefly responds to the objections; and (e) a blank column for the Court's use. Before this list is filed with the Court, the parties shall meet and confer, in person, to consider exhibit numbers, to eliminate duplicate exhibits and confusion over exhibits, and to make a good faith effort to stipulate to admissibility. If stipulation is not possible, the parties shall make every effort to stipulate to authenticity and foundation absent a legitimate (not tactical) objection. (4) Serve and file a list of the witnesses that each party intends to call at the trial in its case-in-chief, not including rebuttal witnesses, briefly setting forth for each witness the substance of their testimony. (5) Exchange exhibits, which shall be pre-marked (plaintiff shall use numbers; defendant shall use non-duplicative consecutive numbers as agreed in advance) and tabbed. (6) Deliver two (2) binders of all pre-marked exhibits to chambers (exhibits are not to be filed). Exhibits must be premarked. In addition, one set of exhibits must be tagged. Exhibits shall be three-hole punched and shall be submitted in binders. Sample tags are attached as Exhibit A hereto. (7) Serve and file proposed jury instructions on all substantive issues and on any procedural issue not adequately covered by the Court's standard instructions (i.e. the Ninth Circuit Manual of Model Criminal Jury Instructions (2003 ed. as amended through 2006) (also available on the Ninth Circuit website at www.ce9.uscourts.gov) shall be given absent objection: 1.1-1.12, 2.1-2.2, 3.1-3.2, 3.5-3.9, 7.1-7.6. (a) Any instruction contained in the Ninth Circuit Model Instructions Manual may be requested by designation of its number. (b) Each other instruction shall be requested by setting forth the instruction in full text on a separate sheet with reference to supporting legal authority. (c) Prior to filing the proposed instructions, the parties shall meet and confer and work in good faith towards a stipulated set of instructions. If a full agreement is not reached, the parties shall enumerate the instructions on which an agreement is reached and then list separately the additional instructions proposed by each party. (8) Serve and lodge a proposed form of verdict and proposed questions for jury voir dire. Voir dire questions not agreed to shall be listed separately. c. Not less than two (2) weeks prior to the Pretrial Conference, the parties shall: (1) Serve and file any formal objections to the opposing party's witnesses. As to objections to exhibits on the exhibit list, the objecting party shall set forth a detailed basis for each objection. Failure to do so shall be deemed a waiver. d. No party shall be permitted to call any witness or offer any exhibit in their case in chief that is not disclosed pursuant to this Pretrial Order, without leave of Court for good cause shown, consistent with defendant's right to an effective defense. e. All motions in limine shall be heard at the Pretrial Conference.


Parties to submit jointly proposed written voir dire questions no later than three (3) weeks before the Pretrial Conference. The procedure for exercising peremptory challenges in Criminal Local Rules 24-2 and 24-3 will be observed absent objection by the parties.


Each document filed or lodged with the Court must be accompanied by a copy for use in the Judge's chambers.


Counsel shall give prompt notice to the United States Attorney and to the Court of any intention to change a previously entered not guilty plea. A written plea agreement must be submitted at least one (1) day in advance of the plea.

8. Jury instructions, proposed form of verdict, and requested voir dire shall also be submitted to Chambers in Word or WordPerfect format on a CD.

Juror Questionnaire

1. Name

2. City of residence

3. Occupational status.

4. Educational background.

5. Organizations.

6. Hobbies.

7. Marital status.

8. Spouse's occupation.

9. Children (including ages).

10. If a juror on another case.

11. If ever a grand juror.

12. If ever in the military.


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