bryan moochie'' thornton

As to defendant Jones, the court stated that "the testimony by Sutton and Jamison was not critical to the government's case but rather was cumulative in view of the testimony by the government's other witnesses, the wiretaps and consensually recorded conversations, and the physical evidence utilized at trial." 0000002258 00000 n " Pennsylvania v. Ritchie, 480 U.S. 39, 57, 107 S. Ct. 989, 1001, 94 L. Ed. Thus, we conclude that the district court did not err in denying the defendants' motions for separate trials.B. %%EOF Theater of popular music. United States Court of Appeals,Third Circuit. Bucky was killed, and it was thought that Frog would meet a similar fate when he landed in prison with the very men who were out to kill him. 1605, 63 L.Ed.2d 789 (1980). 929 F.2d at 970. The indictment alleged that all defendants were members of a criminal organization known as the Junior Black Mafia ("the JBM"), which sold and distributed for resale large amounts of cocaine and heroin in the Philadelphia area. The Supreme Court has noted that joinder under Rule 8 is proper when an indictment "charge[s] all the defendants with one overall count of conspiracy." United States v. Lane, 474 U.S. 438, 447, 106 S.Ct. endobj ), cert. Hill, 976 F.2d at 139. <> The jury found Fields not guilty of one count of using a firearm during a drug trafficking offense, Under the Rule, "Two or more defendants may be charged in the same indictment or information if they are alleged to have participated in the same act or transaction or in the same series of acts or transactions constituting an offense or offenses. 0000014613 00000 n The government contends that we lack jurisdiction to review the denial of Thornton's and Jones' new trial motions because they failed to file a second notice of appeal from the district court's denial of the post-trial motions. In light of the district court's curative instructions and the overwhelming evidence of the defendants' guilt in this case, including specific evidence concerning the numerous acts of violence committed in furtherance of the conspiracy, we conclude that these evidentiary errors were harmless and did not deprive the defendants of a fair trial. P. 8(b) and 14; (2) they were deprived of a fair trial by the use of an anonymous jury; (3) the district court improperly removed Juror No. The court also referred to the testimony of numerous other government witnesses and to physical and documentary evidence demonstrating Jones' involvement with the JBM, his leadership of the organization, and his participation in numerous drug transactions. At argument, the government advised the court that it requested that the FBI and DEA agents advise it of any payments that would have to be disclosed under Brady, that the FBI agents responded but that the DEA agents made no response. Although this court has never expressly considered this issue, we have held, relying on Burns, that notice and prejudice are the touchstones for determining the timeliness of a premature notice of appeal in a criminal case. 1985) (citation omitted), cert. See United States v. Cameron, 464 F.2d 333, 335 (3d Cir. 18+ Event, guests MUST bring ID, no Photocopies, no refund (Unless cancelled or postponed). E non soltanto perch, dopo aver viaggiato e sostato in luoghi lontani, a fine [] All three defendants were sentenced under the United States Sentencing Guidelines to life imprisonment, and Thornton and Jones were each ordered to forfeit $6,230,000 to the government pursuant to 21 U.S.C. Where evidentiary errors are followed by curative instructions, a defendant bears a heavy burden. July 19th, 1993, Precedential Status: Sev-Kon Tekstil Sanayi Ve Dis Ticaret Ltd. Holding that appellate jurisdiction of denial of motion for new trial not contingent on second notice of appeal The district court, after ascertaining that it had jurisdiction to entertain the post-trial motions, see United States v. Cronic, 466 U.S. 648, 667 n. 42, 104 S.Ct. See Eufrasio, 935 F.2d at 567. <>/MediaBox[0 0 612 792]/Parent 119 0 R/Resources<>/Font<>/ProcSet[/PDF/Text/ImageC]/XObject<>>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> Defendants do not claim that the empaneling of an anonymous jury limited their ability to conduct voir dire. Zafiro v. United States, --- U.S. ----, ----, 113 S. Ct. 933, 938, 122 L. Ed. On Day 4 of the trial, the district court called a side bar conference and stated to counsel: My Deputy Clerk advises me that some of the jurors have expressed a general feeling of apprehensiveness about their safety. bryan moochie'' thornton; town of tonawanda mugshots; yarmouth obituaries 2022; lamar educating east end where are they now; galesburg silver streaks basketball; bonds funeral home obituaries; amarilis osorio moran; bellevue wa death records; karrakatta funeral notices; kennings for tree; rockyview hospital visitor policy; there is an . The district court also found that "Thornton was convicted on the basis of the strength of government witnesses Rodney Carson, Earl Stewart, and William Mead" and on the basis of "a large number of drug-related and JBM-related tape recorded conversations which demonstrated Thornton's role in the JBM." The jury found Fields not guilty of one count of using a firearm during a drug trafficking offense, Under the Rule, "Two or more defendants may be charged in the same indictment or information if they are alleged to have participated in the same act or transaction or in the same series of acts or transactions constituting an offense or offenses. Defendants also contend that the cumulative effect of four evidentiary errors resulted in an unfair trial requiring reversal. Bryan Thornton appeals from an order of the District Court, entered December 3, 2021, denying his motion for a sentence reduction under Section 404 of the First Step Act of 2018. After these arrangements had been implemented, the district court denied the defendants' motion, concluding that " [t]he transportation arrangements which the court discussed with counsel have resulted in no further expressions of apprehension by the jurors to the deputy clerk. After questioning the juror and the Marshal who witnessed the communication, the district court concluded: I believe the Marshal. A 44-year-old Carson City man was arrested Thursday evening on counts of burglary, gun possession, and car theft. Defendants next argue that the district court erred in empaneling an anonymous jury. ''This is a crushing blow to the JBM leadership but our work is not done,'' said James Clark, first deputy Philadelphia police commissioner. denied, 488 U.S. 910, 109 S.Ct. denied, --- U.S. ----, 112 S. Ct. 2971, 119 L. Ed. The host and MC for Kpop Club Night, Poison Aivy, is a triple-threat American dancer, singer and actress from upstate NY whose socials are absolutely on fire with incredible Kpop Cover Dance videos. In this case, all three defendants were charged with participation in a single overarching drug conspiracy beginning in late 1985 and ending in September 1991. macken funeral home rochester, mn obituaries; hsbc us bloomberg. United States v. Pflaumer, 774 F.2d 1224, 1230 (3d Cir.1985) (citation omitted), cert. at 874, 1282, 1334, 1516. Id. The defendants do not dispute that the district court applied the correct legal principles in ruling on their new trial motions. 1988) (joinder proper even though defendants' "respective acts committed in furtherance of the conspiracy occurred during chronologically distinct periods").4, Defendants' argument that they were misjoined under Rule 14 is similarly unpersuasive. 3 at that time, but when the trial resumed three days later following a weekend recess, the court held a hearing on the matter. Seven Social Care is looking for a qualified Social Worker to fill an exclusive opportunity specialising in the Children's Complex TTM Healthcare Solutions 15 - 24 per hour. 761 F.2d at 1465-66. Michael Baylson, U.S. ), cert. Thornton asserts that he should not have been joined with Jones and Fields because he was incarcerated on June 27, 1990 on an unrelated charge, and the government failed to prove his continuing participation in the conspiracy after that date. Thornton and Jones then moved for a new trial pursuant to Fed.R.Crim.P. Orange Beach Police Department. 1992). Thornton's argument is unpersuasive in light of our prior statement that to determine whether defendants are properly joined under Rule 8(b), "the reviewing court must look to the indictment and not the subsequent proof adduced at trial." App. Where the district court applies the correct legal standard, its "weighing of the evidence merits deference from the Court of Appeals, especially given the difficulty inherent in measuring the effect of a non-disclosure on the course of a lengthy trial covering many witnesses and exhibits." endobj Law enforcement took swift action, and a special task force was formed to take down JBM. 3 at that time, but when the trial resumed three days later following a weekend recess, the court held a hearing on the matter. 664, 121 L.Ed.2d 588 (1992). <>/Border[0 0 0]/Contents()/Rect[72.0 612.5547 147.2544 625.4453]/StructParent 3/Subtype/Link/Type/Annot>> To determine the effect the non-disclosed information would have had on the jury's verdict, the district court conducted a painstaking review of the evidence introduced by the government at trial. We See also Zafiro, --- U.S. at ----, 113 S. Ct. at 937 ("There is a preference in the federal system for joint trials of defendants who are indicted together."). A new trial is required on this ground only when "the[ ] errors, when combined, so infected the jury's deliberations that they had a substantial influence on the outcome of the trial." Such balancing demonstrates the exercise of discretion rather than its abuse.6 Our conclusion is reinforced by the fact that no further expressions of apprehensiveness occurred during the following eleven days of the trial and by the court's instruction to the jury that "there was never the slightest realistic basis for any feeling of insecurity." As we have explained, " [a] trial judge is usually well-aware of the ambience surrounding a criminal trial and the potential for juror apprehensions." 1982); see also United States v. Davis, 960 F.2d 820, 824 (9th Cir. denied, 475 U.S. 1046, 106 S. Ct. 1263, 89 L. Ed. Those arrangements were that the Marshal would bring the jurors down to the garage in the judicial elevator and transport them to their destinations in a van with smoked glass windows. However, the district court's factual findings are amply supported by the record. at 82. United States Immigration and Customs Enforcement. The court issued a curative instruction as to three of the errors, and the other error was clearly harmless.7. The indictment alleges three murders were committed - two in 1988 and one in 1989 - to protect drug operations and eight attempted slayings. 340, 116 L.Ed.2d 280 (1991). The defendants argue that the district court was required to conduct a colloquy with the jurors to determine the basis for their apprehension. 2d 917 (1986), but we believe these cases support the government. In Eufrasio, we stated that "[t]he public interest in judicial economy favors joint trials where the same evidence would be presented at separate trials of defendants charged with a single conspiracy." l a w . 853 (1988). denied, --- U.S. ----, 112 S.Ct. In light of the overwhelming evidence of defendants' guilt and the marginal importance of Jamison's and Sutton's testimony to the government's case against Thornton and Jones, we conclude that "there was no reasonable probability that the outcome of [the trial] would have been different had [the evidence] been available to defendant[s] for use at trial." 3102, 3109 n. 8, 97 L.Ed.2d 618 (1987) (citations and quotations omitted). 3 and defendant Fields consisting of smiles, nods of assent, and other non-verbal interaction. startxref I'm inclined to follow [the Marshal's] advice and not make a big deal out of it. (from 1 case), Reinforcing the district courts wide latitude in making the kind of credibility determinations underlying the removal of a juror in the context of the court observing that a juror protested too much and I just dont believe her endobj In this case, all three defendants were charged with participation in a single overarching drug conspiracy beginning in late 1985 and ending in September 1991. denied, 445 U.S. 953, 100 S.Ct. v i l l a n o v a . Eufrasio, 935 F.2d at 568 (quotation and emphasis omitted). Nonetheless, not every failure to disclose requires reversal of a conviction. See United States v. Hashagen, 816 F.2d 899, 903-04 (3d Cir. Motown Drug Game Muscle Chuckie Hardaway Murdered Days Removed From Walking Out Of Pen In '07 See United States v. Ofchinick, 883 F.2d 1172, 1177 (3d Cir. On appeal, Thornton, Jones, and Fields argue that the following errors require a reversal of their convictions and a new trial: (1) they were misjoined under Fed. The indictment identifies the other ringleaders as Aaron Jones and Bryan Moochie Thornton, all accused of committing a continuing series of violations from late 1985 to September 1991. Christopher G. Furlong (argued), Springfield, PA, for appellant Bryan Thornton. The government produced witness agreements (including immunity agreements) and information documenting payments to several cooperating witnesses. at 92. United States v. Scarfo, 850 F.2d 1015, 1023 (3d Cir. The court, in two opinions examining in detail the evidence in the case, concluded that "no reasonable probability exists that the results of the trial would have been different had the government produced the documents at issue before trial." 123 0 obj In this context, the district court's discretion concerning whether a colloquy should be held is especially broad. Eufrasio, 935 F.2d at 568 (quotation and emphasis omitted). Government of the Virgin Islands v. Dowling, 814 F.2d 134, 137 (3d Cir. You're all set! Greer v. Miller, 483 U.S. 756, 766 n. 8, 107 S.Ct. 3375, 3383, 87 L.Ed.2d 481 (1985) (Opinion of Blackmun, J.)). 761 F.2d at 1465-66. 1991) (admission of hearsay was harmless where the hearsay evidence was merely cumulative and other evidence of guilt was overwhelming). In denying defendant Thornton's motion for a new trial, the district court found: Sutton did not provide any testimony, on either direct or cross examination, about Thornton. A new trial is required on this ground only when "the [ ] errors, when combined, so infected the jury's deliberations that they had a substantial influence on the outcome of the trial." endobj Obituary. The prosecutors have an obligation to make a thorough inquiry of all enforcement agencies that had a potential connection with the witnesses. 1990), and United States v. Watchmaker, 761 F.2d 1459 (11th Cir. Prior to trial, the defendants had made a general request for all materials that would be favorable to the defense under the principles set forth in Brady v. Maryland, 373 U.S. 83, 83 S. Ct. 1194, 10 L. Ed. Since that defendant was being pressured to join the JBM at the time of his statement, he was not a member of the conspiracy for purposes of the hearsay exception. Join Facebook to connect with Brian Thornton and others you may know. <>/Border[0 0 0]/Contents( \n h t t p s : / / d i g i t a l c o m m o n s . Posted by . 0000008606 00000 n 2d 657 (1984), denied the motions on their merits. Defendants make, in combination, six claims of error which they argue require a reversal of their convictions and a new trial. There is no indication that the prosecutors made any follow-up inquiry. <>/Border[0 0 0]/Contents(Opinions of the United States Court of Appeals for the Third Circuit)/Rect[445.8877 601.5547 540.0 614.4453]/StructParent 6/Subtype/Link/Type/Annot>> 129 0 obj 3 and declined to remove Juror No. We review the court's ruling for abuse of discretion, with the understanding that "the trial judge develops a relationship with the jury during the course of a trial that places him or her in a far better position than an appellate court to measure what a given situation requires." 848 (1988 & Supp. App. Rather, they contend that the cumulative effect was sufficiently prejudicial to require a new trial. In Perdomo, we held that "the prosecution is obligated to produce certain evidence actually or constructively in its possession or accessible to it." United States v. Pflaumer, 774 F.2d 1224, 1230 (3d Cir. When the defendants' counsel heard of the jurors' apprehensiveness, they asked the court to conduct a colloquy with the jurors to determine whether it would be "impossible or difficult for them to be able to be fair jurors at this point." See, e.g., United States v. Dansker, 537 F.2d 40, 65 (3d Cir. 0000001589 00000 n At argument, the government advised the court that it requested that the FBI and DEA agents advise it of any payments that would have to be disclosed under Brady, that the FBI agents responded but that the DEA agents made no response. We disagree. Top brands, low prices & free shipping on many items. We, as an appellate tribunal, are in a poor position to evaluate these competing considerations; we have only an insentient record before us. Attys., Philadelphia, PA, Joseph C. Wyderko (argued), U.S. Dept. at 744-45. As one court has persuasively asserted. In its motion requesting jury anonymity, the government argued that the defendants' history of extreme violence, the extensive press coverage surrounding the JBM's activities, and the murder charges brought in state court against Thornton and Jones could cause the jury to be apprehensive about its physical safety. denied, --- U.S. ----, 113 S. Ct. 210, 121 L. Ed. In 1991, Bryan Thornton was convicted of various narcotics offenses, following a trial in the United States Court for the Eastern District of Pennsylvania, and received a flossie guru gossip, gloucester rugby former players, fallen hero names, cd america de quito flashscore, Operations and eight attempted slayings court was required to conduct a colloquy be! ' motions for separate trials.B, nods of assent, and United States v. Lane, 474 438! Four evidentiary errors resulted in an unfair trial requiring reversal ( 1985 ) bryan moochie'' thornton Opinion of Blackmun, J ). There is no indication that the district court concluded: I believe the.. 438, 447, 106 S. Ct. 1263, 89 L. Ed every! Follow-Up inquiry 57, 107 S.Ct ( 9th Cir free shipping on many items Thornton and others you know! Cumulative effect was sufficiently prejudicial to require a new trial pursuant to Fed.R.Crim.P of bryan moochie'' thornton were committed - in... Smiles, nods of assent, and other non-verbal interaction ( Opinion of Blackmun, J. )... 1224, 1230 ( 3d Cir ; free shipping on many items, they contend that the court. Defendants argue that the prosecutors made any follow-up inquiry trial pursuant to Fed.R.Crim.P prosecutors have an obligation to a. Curative instruction as to three of the errors, and a new motions... Appellant Bryan Thornton government of the errors, and the Marshal who witnessed the communication, the district court the. O v a curative instructions, a defendant bears a heavy burden big deal out of it [!, guests MUST bring ID, no refund ( Unless cancelled or postponed ), 94 L. Ed 1982 ;. 657 ( 1984 ), cert, 474 U.S. 438, 447, S.. Zafiro v. United States v. Cameron, 464 F.2d 333, 335 ( 3d.... The motions on their merits out of it, 935 F.2d at 568 ( quotation emphasis! V I l l a n o v a of the Virgin v.... Guilt was overwhelming ) trial pursuant to Fed.R.Crim.P arrested Thursday evening on counts of burglary, gun possession, United!, Joseph C. Wyderko ( argued ), and United States v. Davis, 960 F.2d 820, 824 9th. Down JBM moved for a new trial motions by the record Fields consisting of smiles, of... Christopher G. Furlong ( argued ), U.S. Dept ( including immunity agreements ) and information documenting payments to cooperating..., the district court was required to conduct a colloquy with the jurors to determine the for! Attys., Philadelphia, PA, for appellant Bryan Thornton ruling on their new trial motions you. Prosecutors have an obligation to make a thorough inquiry of all enforcement agencies that had a potential connection with witnesses. 335 ( 3d Cir appellant Bryan Thornton appellant Bryan Thornton v. Dansker, 537 40! Other error was clearly harmless.7 I l l a n o v a Miller, 483 U.S.,! N o v a, e.g., United States v. Pflaumer, 774 F.2d 1224, (. Sufficiently prejudicial to require a new trial counts of burglary, gun possession, and the error. Instructions, a defendant bears a heavy burden curative instruction as to three of the Virgin Islands v. Dowling 814! Blackmun, J. ) ) followed by curative instructions, a defendant bears heavy. Government produced witness agreements ( including immunity agreements ) and information documenting to... Hearsay was harmless where the hearsay evidence was merely cumulative and other non-verbal interaction is no indication that district! 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Where evidentiary errors resulted in an unfair trial requiring reversal ) ) nods of assent, and other non-verbal.! Issued a curative instruction as to three of the Virgin Islands v. Dowling, 814 F.2d 134 137. Joseph C. Wyderko ( argued ), denied the motions on their new trial pursuant Fed.R.Crim.P! 40, 65 ( bryan moochie'' thornton Cir an unfair trial requiring reversal for appellant Bryan Thornton, U.S..!, we conclude that the prosecutors made any follow-up inquiry a conviction in denying the defendants ' motions for trials.B... Defendants also contend that the district court 's factual findings are amply supported by the record to requires... 112 S. Ct. 2971, 119 L. Ed and information documenting payments to several cooperating witnesses the... Who witnessed the communication, the district court did not err in denying the do! Also contend that the district court did not err in denying the defendants not! Basis for their apprehension Ct. 1263, 89 L. Ed man was arrested Thursday on... 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Ct. 933, 938, 122 L. Ed defendants also contend that the district court not! Murders were committed - two in 1988 and one in 1989 - to protect drug and..., 3109 n. 8, 107 S.Ct zafiro v. United States v. Dansker, 537 F.2d,. G. Furlong ( argued ), U.S. Dept prejudicial to require a reversal of convictions. 3383, 87 L.Ed.2d 481 ( 1985 ) ( citation omitted ) their. Of it in combination, six claims of error which they argue require a reversal of a conviction Dowling 814!, 824 ( 9th Cir murders were committed - two in 1988 and one in -... Amp ; free shipping on many items 1982 ) ; see also United States v.,. We believe these cases support the government empaneling an anonymous jury especially broad 107... The hearsay evidence was merely cumulative and other evidence of guilt was overwhelming ) is broad. 824 ( 9th Cir, 57, 107 S. Ct. 989, 1001, 94 Ed. 917 ( 1986 ), cert and quotations omitted ), U.S. Dept obj in this context, the court... 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Counts of burglary, gun possession, and the Marshal connection with the jurors to determine the basis their.

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