Roman Ceniceros-Mora Documents

Case 2:11-cr-02039-WFN Document 23 Filed 03/08/11





Case 2:11-cr-02039-WFN Document 48-7 Filed 04/04/11






EXHIBIT 9 Page 100

Case 2:11cr02039WFN Document 489 Filed 04/04/11

EXHIBIT 9 Page 101


EXHIBIT 9 Page 102


EXHIBIT 9 Page 103


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MICHAEL C. ORMSBYUnited States AttorneyEastern District of WashingtonSHAWN N. ANDERSONAssistant United States Attorney402 E. Yakima Avenue, Suite 210Yakima, WA 98901(509) 454-4425 UNITED STATES DISTRICT COURTEASTERN DISTRICT OF WASHINGTONUNITED STATES OF AMERICA, ) ) Nos. CR-10-2121-WFNPlaintiff, ) CR-11-2039-WFN ) v. ) ) ) GOVERNMENT'S MEMORANDUM JOSEPH ANDERSON EVANS, SR., ) IN SUPPORT OF MOTION TO ) PRECLUDE ADMISSION OF Defendant. ) EVIDENCE OF BIRTH IN IDAHO _______________________________)COMES NOW the Plaintiff, United States of America, by andthrough MICHAEL C. ORMSBY, United States Attorney for the EasternDistrict of Washington and SHAWN N. ANDERSON, Assistant UnitedStates Attorney for the Eastern District of Washington, pursuant toFed. R. Crim. P. 47 and Fed. R. Evid. 104 and 403, and herebysubmits this memorandum in support of its motion to precluding theadmission of the Defendant's alleged Idaho birth certificate attrial. FACTUAL BACKGROUNDA. Idaho Petition for Birth CertificateOn March 16, 2011, the Defendant informed the Court during thecourse of a pretrial conference that he would rely on an allegedbirth certificate as evidence of his birth in the State of Idaho. Ct. Rec. 67. The Defendant obtained the certificate by petitioningthe District Court of the Second Judicial District of the State of


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Idaho, in and for the County of Nez Perce. The documents reveal1that on April 1, 2010, the Defendant petitioned the court for a“declaratory judgment” in an effort to establish a record of hisbirth in the State of Idaho. The petition notes that on December17, 2009, the Idaho Department of Health and Welfare informed theDefendant that his request for a delayed birth certificate wasdenied. The petition further describes Idaho’s explanation as2follows:“The documentation that has been reviewed by this office isnot sufficient for placing a delayed birth certificate on filewith the Bureau of Vital Records due to the fact thatcorrespondence indicates that you have used the followingother names and dates of birth: Ceniceros Mora Ramon, JoeyShippentower Evans born March 23, 1963, and Joseph AnnShippentower Evans your request for a delayed birthcertificate is denied.”The Defendant further disclosed that the Department of Health andWelfare required him to obtain a court order before the agencywould issue a certificate. The Defendant denied ever using thenames recited by that agency. The Defendant also filed an affidavit in support of hispetition. The document lists, among other things, his alleged fullname, date and place of birth, and various family statistics. Healso claimed prior membership in the United States Marine Corps and Attached as Exhibit 1 are copies of documents contained1within the court file at the Clerk’s Office for Nez Perce County,Idaho. Attached as Exhibit 2 is a recording of the hearing forthe Defendant’s petition. A transcript of the hearing is included as Exhibit 3. The government is awaiting receipt of pertinent documents2from the State of Idaho, Department of Health and Welfare, Bureauof Vital Records, and may supplement the record once they arereceived and reviewed.MEMORANDUM IN SUPPORT OF MOTION TO PRECLUDE ADMISSIONOF EVIDENCE - 2


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current membership in the Marine Corps Association. His statedpurpose in obtaining the certificate was to further obtain a UnitedStates Passport enhancement to his Washington driver’s license. Attached to an amended petition, the Defendant included twoseparate affidavits to support his claim of birth. The twoaffiants are alleged relatives of the Defendant who certified tothe Defendant’s birth in Lapwai, Idaho. However, there is noevidence that either affiant had first hand knowledge of theDefendant’s birth. Additional documents indicate that the affiantswould not appear at the scheduled hearing.A hearing on the Defendant’s petition occurred on May 6, 2010. The Defendant appeared alone and presented no witnesses. Afterbeing sworn in, the Defendant engaged in a lengthy colloquy withthe court. The Defendant stated his full name as Joseph AndersonEvans Shippentower, Sr. He alleged the same personal statisticscontained in his written pleadings. The court inquired into theDefendant’s basis of knowledge regarding his birth. In response,the Defendant alleged that he was always told that he was born inIdaho. Furthermore, since he was raised in Oregon it had neveroccurred to him to get a birth certificate from the State of Idaho. He claimed he needed the certificate to obtain an enhancement onhis driver’s license, which would thereby enable travel to Canada. According to the Defendant, his family was his only source ofpersonal birth information. The Defendant also attempted toproffer an alleged Social Security Administration record in supportof his claim. The court did not appear find the documentprobative.MEMORANDUM IN SUPPORT OF MOTION TO PRECLUDE ADMISSIONOF EVIDENCE - 3


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The Defendant later offered the court an account of hisalleged service in the United States Marine Corp. He claimed tohave enlisted in San Diego, California, in 1968. He furtherclaimed active duty in Vietnam from 1969 through 1975. Along theway he accumulated 12 years of combat duty, to include earning aPurple Heart. The Defendant was evasive in explaining hisretirement from the Marine Corp, simply stating that he continuedhis service by taking charge of the Marine Toys for Tots program inYakima, Washington. Based on limited information from the Department of Health andWelfare, the judge questioned the Defendant regarding other assumednames and a different date of birth. However, the Defendant deniedthe use of any other names or the other date of birth. When thecourt specifically questioned the Defendant regardinginconsistencies in Health and Welfare records, the Defendantclaimed to be confused at the time as a result of post traumaticstress from Vietnam. B. Prior Claims of BirthThe Defendant has been matched through fingerprint andphotograph identification to an existing A-file maintained byUnited States Immigration and Customs Enforcement. According tothe file, the Defendant’s true name is Roman Ceniceros Mora. Thefile also indicates that the defendant is a citizen and national ofMexico by birth. Records contained therein indicate that theDefendant has used a number of aliases, including Jose GrejedaVasquez. He has also alleged places of birth in California andMEMORANDUM IN SUPPORT OF MOTION TO PRECLUDE ADMISSIONOF EVIDENCE - 4


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Texas. The A-file contains no evidence that the Defendant claimed3an Idaho place of birth during those early encounters with theUnited States criminal justice system.During early 1984, the Defendant produced a false birthcertificate, which alleged a place of birth in Pendleton, Oregon,during an attempted entry into the United States from Canada at theOroville, Washington, Port of Entry (POE). The Defendant gave the4document to Border Patrol as proof of United States citizenship bybirth. During a subsequent interview with INS, the Defendantalleged his true and correct name as Joseph Ann Shippentower. Hecontinued to allege being born in Pendleton, Oregon, on May 19,1950, to Alfonse William Shippentower and Mary Ann Shippentower. Importantly, he conceded to previously using the name Ceniceros andthat he had previously been convicted for transporting aliens underthe name Jose Grejeda Vasquez. Regardless, the Defendant wascertain of the validity of his alleged Oregon birth certificate. The Defendant was subsequently convicted in the United StatesDistrict Court for the Eastern District of Washington forPossession of a False Birth Certificate, in violation of 18 U.S.C.§ 1028. EDWA CR-84-0052-JLQ. On October 30, 1984, the Defendantwas deported from the United States to Mexico at Nogales, Arizona.The Defendant returned to the United States following his 1984deportation. On July 29, 1989, the Defendant was assaulted by a A-file documents pertaining to prior immigration3investigations are attached as Exhibit 4. Documents from the 1984 investigation and the final4judgment are attached as Exhibit 5.MEMORANDUM IN SUPPORT OF MOTION TO PRECLUDE ADMISSIONOF EVIDENCE - 5


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hitch-hiker while traveling through Montana. The Defendant’s namewas included in a “be on the lookout” notification to lawenforcement in the search for the suspect. A Border Patrol agent5at the Oroville, Washington, POE recognized the Defendant’s nameand advised a nearby INS agent of the Defendant’s location andalien status. During the course of an interview by INS, theDefendant stated that his true and correct name was RomanCeniceros-Mora. He further disclosed that he was born in Mexico onAugust 9, 1951. He also admitted using the name JosephShippentower since 1975. On September 1, 1989, the Defendantappeared before a magistrate in the District of Montana on thecharge of Illegal Reentry, in violation of 8 U.S.C. § 1326. Duringa subsequent change of plea hearing, the Defendant insteadmaintained his innocence. He also indicated that he was anAmerican Indian with a birth certificate to support his claim. TheDefendant offered the alleged birth certificate, which was acceptedby the court over the objection of the Defendant’s counsel. A jurysubsequently found the Defendant guilty. Judgment was entered onJanuary 1990. The Defendant was deported from the United States toMexico on October 18, 1990, at El Paso, Texas.On May 25, 2010, an individual identifying himself as JosephAnderson Evans Shippentower executed an application for a UnitedStates Passport at a United States Postal Office in Yakima,Washington. As proof of identity, the Defendant provided aWashington driver's license in the name of Joseph A. Evans Documents from the 1989 investigation and the final5judgment are attached as Exhibit 6.MEMORANDUM IN SUPPORT OF MOTION TO PRECLUDE ADMISSIONOF EVIDENCE - 6


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Shippentower. The Defendant also provided a delayed Idaho birthcertificate that was issued on May 20, 2010, in the name of JosephA. Evans Shippentower, with a date of birth of 5/19/50 and place ofbirth at Lapwai, Nez Perce Indian Reservation, Idaho. TheDefendant also provided the alleged names of his parents, inaddition to stating that he was a retired Marine.On June 11, 2010, the Seattle Passport Agency sent theDefendant a letter requesting additional secondary evidence ofcitizenship. In response, on June 18, 2010, the Defendantsubmitted a letter from the Idaho Department of Health and Welfare. The letter stated that Idaho refused the Defendant's request tofile delayed birth certificate. On June 29, 2010, the Defendantalso submitted a DS-10 Birth Affidavit completed by the defendant'salleged aunt, Eleonor Seymour Shippentower. Special Agent Peter Galeotti ("Agent Galeotti") of theDepartment of State, Diplomatic Security Service (DSS), SeattleResident Office (SRO), began an investigation into the authenticityof the delayed birth certificate and the Defendant's claimedidentity. Agent Galeotti learned that the delayed birthcertificate was issued based on a court order from Nez PerceCounty, Idaho, as describe above. Agent Galoetti also learned thatthe Defendant was receiving social security benefits and foodstamps. Furthermore, the Defendant had received veteran's benefitsin the early 1990's and claimed to be a Vietnam veteran.On October 28, 2010, Agent Galoetti, Special Agent JudyKiander ("Agent Kiander") from the OIG Social SecurityAdministration, and Special Agent Dana Epperson ("Agent Epperson")MEMORANDUM IN SUPPORT OF MOTION TO PRECLUDE ADMISSIONOF EVIDENCE - 7


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from the Office of Inspector General, traveled to Yakima in anattempt to interview the Defendant. When they arrived at theDefendant’s residence, they observed him standing inside of hisgarage. Epperson observed that the Defendant’s vehicle haddisabled veteran license plates. The Defendant invited Agent6Galoetti, Agent Kiander, and Agent Epperson into his house. TheDefendant asked for identification. Agent Galoetti, Agent Kiander,and Agent Epperson all showed their official identificationdocuments to the subject. The Defendant then asked all three tohave a seat in his living room. At that time, Agent Galoetti tookout the original passport application, supporting documents, anddocuments from the Defendant's A-file. Agent Galoetti showed thedocuments to the Defendant. The Defendant then stated that he hadsubmitted the application and supporting documents. The Defendantthen identified documents from his immigration file. The documentsincluded photographs from an Oregon identification card and aWashington driver’s license. The Defendant denied that he had7been deported in the past or that he was from Mexico. TheDefendant advised that he had been in the military from 1968-1980and had served in Vietnam. Agent Galoetti asked the Defendant if he would voluntarilyprovide his fingerprints, to which the Defendant readily agreed. The fingerprints taken from the Defendant were later determined tomatch those associated with ICE A-file, including executed warrants Photos of the plates and similar evidence are attached as6Exhibit 7. Copies of the photographs are attached as Exhibit 8.7MEMORANDUM IN SUPPORT OF MOTION TO PRECLUDE ADMISSIONOF EVIDENCE - 8


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of deportation contained therein, of Roman Ceniceros Mora.Records of the Social Security Administration indicate thedefendant originally applied for a Social Security Card in Phoenix,Arizona, on October 24, 1990, less than a week after his priordeportation. The application indicates the following informationwas offered:1. Name at birth: Joseph A. Evans Shippentower.2. Date of birth: May 19, 19503. Place of Birth: Lapwai, Idaho4. Citizenship: U.S. Citizen5. Race/Ethnicity: North American Indian or Alaskan Native6. Mother's name: Mary Ann Florence7. Father's Name: Gasper Williams ShippentowerThe defendant was eventually issued Social Security Number (SSN)###-##-8990. During the application, the defendant also used aMilitary Service Card that displayed the number ###-##-1950 asevidence of his identity. That number is not a valid SSN. C. Investigation into Defendant’s Military ServiceThe Defendant’s A-file contains evidence of prior attempts by the government to research his claims of military service. As8indicated from the record of the Idaho proceeding, the Defendant’sclaims of military service have consistently been a part of hisassumed identity. During prior investigations, the Defendant hasnever been able to produce a Department of Defense DD Form 214 asproof of military service. All prior inquires with pertinentgovernment agencies have resulted in no evidence of prior serviceby the Defendant. Most recently, the Marine Corps History Division, Historical Documents related to prior inquiries are attached as8Exhibit 9.MEMORANDUM IN SUPPORT OF MOTION TO PRECLUDE ADMISSIONOF EVIDENCE - 9


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Reference Branch, of the United States Marine Corps (USMC)completed an investigation of the Defendant’s alleged service inthe USMC. The following names and dates of birth were researched:GRAJEDA, JOSE LUIS VASQUEZCENICEROS, MORA JOSE RAMONCENICEROS-MARA, JOSE ROMANCENICEROS-MORA, JOSE RAMONCHACON, JOSEPH ANNCINESEROS, ROMANOGARCIA-LOPEZ, RAYMONDGRAJEDA, JOEGRAJEDA, JOE VASQUEZGRAJEDA, JOSEGRAJEDA, JOSE LUISGRAJEDA, JOSE VASQUEZ GRAJEDA, JOSEPH GRAJEDA-JOSE, LUIS VASQUEZGRAJEDA SHIPPENTOWER, JOSE LUISGRAJEDA VASQUEZ, JOEGRAJEDA-VASQUEZ, JOSEGRAJEDA-VASQUEZ, JOSE LUISGRAJEDA-VASQUEZ, JOSE RAMONGRAYEDA-VASQUEZ, JOE LOUISLOPEZ, JOSELOPEZ-MORA, JOSE RAMONLOPEZ-MORA, ROMANMORA, ROMAN LSHIPENTOWER, JOSE LUISSHIPENTOWER, JOSEPH ANNSHIPPENTOWER, JOSEPH SHIPPENTOWER, JOSEPH A SHIPPENTOWER, JOSEPH ANDERSON EVANSSHIPPENTOWER, JOSEPH ANNSHIPPENTOWER, JOSEPH GRAJEDAVASQUEZ, JOSE LUISCENICEROS-MORA, ROMANMORA, ROMAN CENICEROSSHIPPENTOWERE, JOSEPHGRADJEDA-VASQUE, JOSEMORA, ROMAN LOPEZROMAN, CENICEROS MORACENICEROS-MORA, ROMAN JOSE EVANS, JOPSEPH 1948-05-091948-05-191950-05-191951-08-09No matching casualty cards were found for the Vietnam War for anyMEMORANDUM IN SUPPORT OF MOTION TO PRECLUDE ADMISSIONOF EVIDENCE - 10


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of the above names. The absence of such evidence undermines theDefendant’s claim of physical injury during that service period,and further excludes him from the lawful receipt of a Purple Heartaward. As for identifying men who served in the Marine Corps, arecord repository known as the Master Locator microfilm was viewedand revealed no identical matches to the above names and dates ofbirth. ARGUMENT The United States Constitution provides an accused with “ameaningful opportunity to introduce relevant evidence on hisbehalf." United States v. Cruz-Escoto, 476 F.3d 1081, 1088 (9thCir. 2007) (quoting Menendez v. Terhune, 422 F.3d 1012, 1033 (9thCir. 2005)). However, a defendant's right to present relevantevidence is not unlimited, but rather is subject to reasonablerestrictions. United States v. Scheffer, 523 U.S. 303, 308 (1998). A defendant's interest in presenting such evidence may thus “bow toaccommodate other legitimate interests in the criminal trialprocess.” Rock v. Arkansas, 483 U.S. 44, 55 (1987)(quotingChambers v. Mississippi, 410 U.S. 284, 295 (1973)); accord,Michigan v. Lucas, 500 U.S. 145, 149 (1991). Federal Rule of Evidence 104 provides in pertinent part that:(a) Questions of admissibility generally. Preliminaryquestions concerning the qualification of a person to be awitness, the existence of a privilege, or the admissibility ofevidence shall be determined by the court, subject to theprovisions of subdivision (b). In making its determination itis not bound by the rules of evidence except those withrespect to privileges....

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The proponent has the burden of proof, by a preponderance of theevidence, of satisfying the requirements of Rule 104(a), Bourjailyv. United States, 483 U.S. 171 (1987), for issues other thanprivilege. The Court must resolve preliminary questions of factdeterminative of the admissibility of evidence challenged undertechnical evidentiary rules. Carbo v. United States, 314 F.2d 718,737 (9 Cir. 1963), cert. denied, 377 U.S. 953. thWhile Rule 104 provides a mechanism for challenging theadmission of evidence, other Rules of Evidence provide thesubstantive basis. Federal Rule of Evidence 403 provides that:Although relevant, evidence may be excluded if its probativevalue is substantially outweighed by the danger of unfairprejudice, confusion of the issues, or misleading the jury, orby considerations of undue delay, waste of time, or needlesspresentation of cumulative evidence. (emphasis added)Rule 403 confers broad discretion on a trial judge in excludingevidence. United States v. Hearst, 563 F.2d 1331, 1348-49 (9thCir. 1977), cert. denied, 435 U.S. 1000 (1978). The application ofthe rule, by its plain language, involves two steps: (1) assessingthe probative value of the proffered evidence and (2) balancingthat probative weight against the listed three "dangers" or three"considerations.” A court measures the probative value of evidenceby its “‘tendency to make the existence of any fact that is ofconsequence ... more probable or less probable than it would bewithout the evidence.’” United States v. Bailleaux, 685 F.2d 1105,1111 (9th Cir. 1982)(quoting Fed. R. Evid. 401). At trial in this matter, the jury will determine whether infact the Defendant is an alien. To aid their deliberations, thejurors will be instructed that an alien is a person who is not aMEMORANDUM IN SUPPORT OF MOTION TO PRECLUDE ADMISSIONOF EVIDENCE - 12


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natural-born or naturalized citizen of the United States. 9th Cir.Crim. Jury Instr. 9.8 (2010). On March 16, 2011, the Defendantinformed the Court during the course of a pretrial conference thathe would rely on the previously described alleged birth certificateas evidence of his birth in the State of Idaho. Ct. Rec. 67. TheDefendant has further proposed the following jury instruction:“An official Idaho birth certificate is prima facie evidenceof the facts stated in that certificate. Prima facie evidencemeans that an official Idaho birth certificate raises apresumption that the facts it states are true. If thepresumption is unrebutted, then prima facie evidence issufficient to establish the truth of the facts.”Ct. Rec. 46 at 4. The parties dispute the validity of thebirth certificate as a true and correct record of the birth of theDefendant. The government also objects to defendant’s proposedinstruction. The government therefore brings this motion tochallenge the admissibility of the document.A true and correct birth certificate, evidencing birth in theUnited States, would tend to make the existence of alienage lessprobable than it would be without the evidence. The Defendant’sentire claim of citizenship hangs on the order of the Idaho courtthat granted his petition for issuance of a birth certificate. However, the order was issued based on allegations made by theDefendant in an non-adversarial proceeding. The court clearly hadno knowledge of the Defendant’s criminal history, much less thesignificant nature of it. Specifically, the court had no knowledgethat the Defendant had previously tried to use a counterfeit Oregonbirth certificate to enter the United States, resulting in acriminal conviction. The court similarly lacked knowledge of theDefendant’s prior conviction for Illegal reentry, where his ownMEMORANDUM IN SUPPORT OF MOTION TO PRECLUDE ADMISSIONOF EVIDENCE - 13


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counsel would not support his efforts to mislead a court and jurywith a similar false claim of birth in Idaho. Unfortunately, thecourt only knew of the decision by the Bureau of Vital Statisticsin denying the Defendant’s prior request for a certificate. Whenthe court explored potential inconsistencies, the Defendant offereddenials and a false claim of post traumatic stress. The judgelater thanked the Defendant for service, presumably based on theDefendant’s claim of military service.9The Idaho court also lacked evidence from the Defendant’s A-file and the investigation of the pending matters. That evidencedisproves every material representation made by the Defendant tothe court as a basis for issuing the order. The Defendant’smisrepresentations included his:1. Name, 2. Parents’ names, 3. Date of birth, 4. Place of birth,5. Lack of a lawfully issued Social Security number, and6. Military Service with the United States Marine Corps.No witnesses testified at the hearing, resulting in proof byaffidavit. There is no evidence that any of the affiants witnessedthe Defendant’s birth. Moreover, there is no foundation todetermine whether persons with personal knowledge of theDefendant’s birth ever disclosed those facts such that they arecommon knowledge of family members. Fed. R. Evid. 803(20) advisorycommittee’s note. The final moments of the hearing suggest that the Defendant9may have displayed items of Marine Corps memorabilia at counseltable throughout the hearing.MEMORANDUM IN SUPPORT OF MOTION TO PRECLUDE ADMISSIONOF EVIDENCE - 14


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The Government has a legitimate interest in seeing that casesin which it believes a conviction is warranted are tried before atribunal that produces a fair result. Singer v. U.S., 380 U.S. 24,36 (1965). In summary, the alleged birth certificate, while issuedpursuant to a court order, is not competent evidence of theDefendant’s birth in Idaho. The certificate loses any probativevalue once the Defendant’s carefully crafted foundation is removed. The document is merely additional evidence of the history of fraudcommitted by the Defendant upon the courts of the United States. Beyond the lack of probative value, the official appearance of thedocument creates the danger of misleading the jury as to theDefendant’s alienage. The evidence therefore fails the 403balancing test by either measure. CONCLUSION Consideration of the Defendant’s recent efforts to obtain abirth certificate, in light of his prior conduct, reveal obviousand serious deficiencies in the competency of this evidence. Basedon the foregoing, the Court should prevent a miscarriage of justiceand preclude the admission of the Defendant’s alleged Idaho birthcertificate at trial. Respectfully submitted this 4th day of April, 2011.Respectfully submitted,MICHAEL C. ORMSBYUnited States Attorneys/Shawn N. AndersonSHAWN N. ANDERSON Assistant United States AttorneyMEMORANDUM IN SUPPORT OF MOTION TO PRECLUDE ADMISSIONOF EVIDENCE - 15


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I hereby certify that on April 4, 2011, I electronically filedthe foregoing with the Clerk of the Court using the CM/ECF Systemwhich will send notification of such filing to the following:Alison K. Guernsey, attorney for the defendant.s/Shawn N. AndersonShawn N. AndersonAssistant United States AttorneyUnited States Attorneys Office402 E. Yakima Avenue, Suite 210Yakima, WA 98901Phone: (509) 454-4425Fax: (509) 454-4435

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