1992). Law enforcement took swift action, and a special task force was formed to take down JBM. 761 F.2d at 1465-66. at 50-55. 3 and defendant Fields consisting of smiles, nods of assent, and other non-verbal interaction. endobj App. ("The judge's decision whether to interrogate the jury about juror misconduct is within his sound discretion, especially when the alleged prejudice results from statements made by the jurors themselves, and not from media publicity or other outside influences. at 39. 922(g)(1) (1988). 2d 792 (1990). Such defendants may be charged in one or more counts together or separately and all of the defendants need not be charged in each count. 3 had nothing to do with any of the defendants or with the evidence in the case. 732, 50 L.Ed.2d 748 (1977). Government of the Virgin Islands v. Dowling, 814 F.2d 134, 137 (3d Cir. endobj For the foregoing reasons, we will affirm the judgments of conviction and sentence. Attys., Philadelphia, PA, Joseph C. Wyderko (argued), U.S. Dept. 12, even assuming what you proffer about the scowling, that would be different because it's not really an exchange of non-verbal communication. at 874, 1282, 1334, 1516. at 937 ("There is a preference in the federal system for joint trials of defendants who are indicted together."). I'm inclined to follow [the Marshal's] advice and not make a big deal out of it. 0000003084 00000 n 0000002808 00000 n * 12 during the trial. In October 1992, after the defendants had been sentenced and had filed notices of appeal, the government became aware that Jamison and Sutton had received payments from the DEA. On October 2, 1991 a grand jury in the United States District Court for the Eastern District of Pennsylvania returned a thirty-two count indictment charging Thornton, Jones, Fields, and twenty-three others with conspiracy to distribute cocaine, crack cocaine, and heroin between late 1985 and September 1991. Bryan Thornton, A/K/A "Moochie", (d.c. Criminal No. 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 1605, 63 L.Ed.2d 789 (1980). bryan moochie'' thornton Tatko na pesmaricu. Address 701 E. Parkcenter Blvd. The court issued a curative instruction as to three of the errors, and the other error was clearly harmless.7. 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. Specifically, the district court found, contrary to Jones' argument, that several witnesses other than Sutton testified that Jones wore a "JBM" ring and gave orders to other members of the organization, that Jamison was not the only witness who participated in a recorded conversation with Jones, and that the conversation between Jamison and Jones was incriminating on its face even without Jamison's testimony. 914 F.2d at 944. 935 F.2d at 568. Eufrasio, 935 F.2d at 574. 2d 748 (1977). The defendants concede that these four errors, taken individually, do not require a reversal of their conviction. 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. 914 F.2d at 944. "), cert. We find no abuse of discretion by the district court. 91-00570-05). See United States v. Cameron, 464 F.2d 333, 335 (3d Cir.1972) (trial judge has "sound discretion" to remove juror). S.App. Frankly, I think Juror No. We will address each of these allegations seriatim. at 82. 3 protested too much and I just don't believe her. denied, --- U.S. ----, 113 S.Ct. 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." Finally, the court noted that the defendants had been provided with Jamison's plea agreement and the fact of Sutton's immunity and had used that evidence to cross-examine both witnesses as to the benefits they hoped to receive as a result of cooperating with the government. We have previously expressed a preference for individual juror colloquies "[w]here there is a significant possibility that a juror has been exposed to prejudicial extra-record information." Dowling, 814 F.2d at 137 (emphasis added). As the Supreme Court recently explained, "a district court should grant a severance under Rule 14 only if there is a serious risk that a joint trial would compromise a specific trial right of one of the defendants, or prevent the jury from making a reliable judgment about guilt or innocence." Jamison provided only minimal testimony regarding Thornton. Gerald A. Stein (argued), Philadelphia, PA, for . July 19th, 1993, Precedential Status: 2d 395 (1979). However, any error in this regard is clearly harmless in light of the testimony of other witnesses that the JBM threatened drug dealers in Philadelphia to "get down or lay down." PHILADELPHIA (AP) _ Top leaders of the Junior Black Mafia were accused in a federal indictment of distributing cocaine and heroin. at 744-45. denied, --- U.S. ----, 112 S. Ct. 340, 116 L. Ed. hb```b``d`a`` @1V xr+(t*\./{8wnK^ RB@P8f/ -r`IFu+M;3+d,0?a2d!ATKf`zH200 See Eufrasio, 935 F.2d at 567. Sign up for our free summaries and get the latest delivered directly to you. Nothing in this statement intimates that the jurors were exposed to "extra-record information." endobj Jamison did not implicate Thornton in any specific criminal conduct. United States v. McGill, 964 F.2d 222, 241 (3d Cir. From Free Law Project, a 501(c)(3) non-profit. 2d 251 (1988); see also Eufrasio, 935 F.2d at 574. For the foregoing reasons, we will affirm the judgments of conviction and sentence. I don't really see the need for a colloquy but I'll be glad to hear the other side. at 874, 1282, 1334, 1516. denied, 493 U.S. 1034, 110 S. Ct. 753, 107 L. Ed. 4/21/92 Tr. We disagree. 12 for scowling. 2d 215 (1963), and its progeny, including information concerning arrangements with or benefits given to government witnesses. Player Combine on April 11; Live Draft Airing April 12 on FS1. 2030, 60 L.Ed.2d 395 (1979). 2d 657 (1984), denied the motions on their merits. Now, law enforcement agents hope they aren't replaced. ), cert. Defendants do not claim that the empaneling of an anonymous jury limited their ability to conduct voir dire. Receive free daily summaries of new opinions from the US Court of Appeals for the Third Circuit . The district court ordered the trial of these three defendants to be severed from the remaining defendants, and then denied motions by Thornton and Jones for separate trials. bryan moochie'' thornton. 210, 121 L.Ed.2d 150 (1992); United States v. Wilson, 894 F.2d 1245, 1251-52 (11th Cir. 989, 1001, 94 L.Ed.2d 40 (1987) (quoting United States v. Bagley, 473 U.S. 667, 682, 105 S.Ct. 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. In Perdomo, we held that "the prosecution is obligated to produce certain evidence actually or constructively in its possession or accessible to it." 132 0 obj 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. The prosecutors have an obligation to make a thorough inquiry of all enforcement agencies that had a potential connection with the witnesses. Christopher G. Furlong (argued), Springfield, PA, for appellant Bryan Thornton. 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. ", Thornton's citation to United States v. Ellis, 709 F.2d 688 (11th Cir. 12 during the trial. <> 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." It's a reaction I suppose to the evidence." App. 2d 588 (1992). App. We review the district court's ruling for abuse of discretion and must be "particularly deferential" to the district court's "substantial discretion" to empanel an anonymous jury. We understand the government's brief to explain that the prosecutors themselves did not know of the DEA payments to the witnesses. 0000002533 00000 n 848 (1988 & Supp. denied, 474 U.S. 1100, 106 S.Ct. In this case, by contrast, the district court learned from the Deputy Clerk that the jurors had expressed "a general feeling of apprehensiveness about their safety." Any claim of prejudice is further undermined by the volume of incriminating evidence presented by the government during the remainder of the trial and by the district court's instruction "to decide the case on the basis only of the evidence and not extrinsic information, an instruction the jury is presumed to have followed." See, e.g., United States v. DeVarona, 872 F.2d 114, 120 (5th Cir. 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. 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." 133 0 obj Thus, he has waived the right to present that issue on appeal, The defendants cite for support United States v. McAnderson, 914 F.2d 934 (7th Cir. The government also asserted that members of the JBM had intimidated witnesses on four prior occasions. e d u / t h i r d c i r c u i t _ 2 0 2 2)/Rect[230.8867 210.4406 492.0049 222.1594]/StructParent 7/Subtype/Link/Type/Annot>> As we have explained, "[a] trial judge is usually well-aware of the ambience surrounding a criminal trial and the potential for juror apprehensions." 2d 40 (1987) (quoting United States v. Bagley, 473 U.S. 667, 682, 105 S. Ct. 3375, 3383, 87 L. Ed. 3 and declining to remove Juror No. Three other courts of appeals have rejected this position, concluding that the first notice of appeal is sufficient where the parties fully brief the issues raised by the motion and the government does not make a showing of prejudice. at 93. Motown Drug Game Muscle Chuckie Hardaway Murdered Days Removed From Walking Out Of Pen In '07 Sec. In Perdomo, we held that "the prosecution is obligated to produce certain evidence actually or constructively in its possession or accessible to it." 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. Greer v. Miller, 483 U.S. 756, 766 n. 8, 107 S.Ct. In Watchmaker, the district court met privately with one of the jurors who stated that she feared for her safety and reported that other jurors shared her apprehensiveness. More importantly, it isnt just We find no abuse of discretion by the district court. 3 and Mr. Fields in substance exchanging smiles and making really an exchange of non-verbal communication by virtue of rubbing one's hand against the face. [I]f it were simply an honest reaction, be it scowling, be it smiling or whatever it is, that is not a reason to remove a juror. 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. United States v. Pflaumer, 774 F.2d 1224, 1230 (3d Cir. Share this: Facebook Twitter Google+ Pinterest Email to a Friend. at 55, S.App. ), cert. <>/MediaBox[0 0 612 792]/Parent 119 0 R/Resources<>/Font<>/ProcSet[/PDF/Text/ImageC]/XObject<>>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> 0000001506 00000 n On Day 13 of the trial, the government informed the court that a United States Marshal had observed "visual communication" between Juror No. 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. It seems to me a colloquy is going to make the problem worse and the best way to do it is to treat it in a low key way. l a w . 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. On Day 13 of the trial, the government informed the court that a United States Marshal had observed "visual communication" between Juror No. We The district court ordered the trial of these three defendants to be severed from the remaining defendants, and then denied motions by Thornton and Jones for separate trials. We review the evidence in the light most favorable to the verdict winner, in this case the government. 131 0 obj Sign up to receive the Free Law Project newsletter with tips and announcements. ), cert. 4/21/92 Tr. Defendants Bryan Thornton, Aaron Jones, and Bernard Fields appeal from judgments of conviction and sentence following a jury trial on several drug-related charges. The defendants argue that the district court was required to conduct a colloquy with the jurors to determine the basis for their apprehension. 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." 2d 572 (1986). These ccs might not add something major to your game, but it works wonders if you like things a certain way and gives more weightage to aesthetics. Thornton and Jones then moved for a new trial pursuant to Fed.R.Crim.P. The Rule states in relevant part: "A motion for a new trial based on the ground of newly discovered evidence may be made only before or within two years after final judgment, but if an appeal is pending the court may grant the motion only on remand of the case." Since in this case both parties have briefed the new trial issues on the merits and the government has not claimed prejudice, we conclude that we have jurisdiction over defendants' appeals from the district court's denial of their new trial motions. United States v. McGill, 964 F.2d 222, 241 (3d Cir. 3284, 111 L.Ed.2d 792 (1990). Although he was never a Mouseketeer, he appeared in . App. Jamison provided only minimal testimony regarding Thornton. See United States v. Hashagen, 816 F.2d 899, 903-04 (3d Cir.1987) (in banc). See United States v. Ofchinick, 883 F.2d 1172, 1177 (3d Cir. About Press Copyright Contact us Creators Advertise Developers Terms Privacy Policy & Safety How YouTube works Test new features Press Copyright Contact us Creators . 922(g) (1) (1988). I've observed him sitting here day in and day out. [He saw] Juror No. United States v. Gilsenan, 949 F.2d 90, 96 (3d Cir. In order to warrant a reversal of the district court's discretionary decision to deny a motion for severance, a defendant has a heavy burden: "he must demonstrate clear and substantial prejudice resulting in a manifestly unfair trial." 841(a)(1) (1988). at 743. Christopher G. Furlong (argued), Springfield, PA, for appellant Bryan Thornton. He appeared in numerous Disney projects between 1957 and 1963, frequently as an irrepressible character with the nickname Moochie. See, e.g., United States v. Dansker, 537 F.2d 40, 65 (3d Cir.1976), cert. Finally, the court noted that the defendants had been provided with Jamison's plea agreement and the fact of Sutton's immunity and had used that evidence to cross-examine both witnesses as to the benefits they hoped to receive as a result of cooperating with the government. at 49. endobj 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. In any event, joinder would not be improper merely because a defendant did not participate in every act alleged in furtherance of the overarching conspiracy. Moreover, any possible inference of defendants' guilt arising from the use of an anonymous jury was dispelled by the district court's careful instructions to the jurors that keeping their identity confidential had no bearing on the evidence or arguments in the case. denied, --- U.S. ----, 112 S.Ct. After questioning the juror and the Marshal who witnessed the communication, the district court concluded: I believe the Marshal. denied, 441 U.S. 922, 99 S.Ct. xref Robert J. Rebstock (argued), Louis T. Savino, Jr., Louis T. Savino & Associates, Philadelphia, PA, for appellant Bernard Fields. Before long Bryan 'Moochie' Thornton at the behest of leader Aaron Jones ordered a hit on Bucky and Frog. endobj at 75. That is hardly an acceptable excuse. 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. 0000014613 00000 n 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. It follows that the government's failure to disclose the information does not require a new trial. Post author: Post published: 20 Februari 2023 Post category: auburn gastroenterology Post comments: permanent living caravan parks newcastle permanent living caravan parks newcastle See, e.g., United States v. Minicone, 960 F.2d 1099, 1110 (2d Cir. 841(a) (1) (1988). At age 7, he started appearing as 'Moochie' in 1956 on "Adventures in Dairyland," a serial short that took place on a dude ranch with fellow child actor David Stollery who played 'Marty.' David Stollery said, "Moochie - an adorable, talkative kid who was always getting into jams - was not far removed from the real-life Corcoran. Precedential, Citations: bryan moochie'' thornton. 664, 121 L.Ed.2d 588 (1992). R. Crim. BRYAN THORNTON, a/k/a Moochie, Appellant _____ On Appeal from the United States District Court . The indictment in this case alleged that Thornton participated in the conspiracy through its conclusion in September 1991. Nonetheless, not every failure to disclose requires reversal of a conviction. how to get to quezon avenue mrt station Uncovering hot babes since 1919. 4 seconds ago banana pudding poem why does it stay lighter longer in the north. 1263, 89 L.Ed.2d 572 (1986). Posted by . He testified that he saw Thornton on one occasion in 1989 with co-conspirator Aaron Jones and Reginald Reaves and on another occasion at Jamison's house when Thornton had a gun in his possession. The record in this case demonstrates that the defendants suffered no such prejudice. at 93. Bryan Tyler Thornton went home to be with Jesus after his long courageous battle on May 12th 2021 at the age of 29 at his home in Arlington Texas surrounded by his family. 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 Rule provides in relevant part: "If it appears that a defendant or the government is prejudiced by a joinder of offenses or of defendants in an indictment or information or by such joinder for trial together, the court may order an election or separated trials of counts, grant a severance of defendants or provide whatever other relief justice requires. S.App. Individual voir dire is unnecessary and would be counterproductive." denied, 429 U.S. 1038, 97 S.Ct. 122 19 Nothing in this statement intimates that the jurors were exposed to "extra-record information." 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. at 742. 0000003989 00000 n 929 F.2d at 970. See Perdomo, 929 F.2d at 970-71. E non soltanto perch, dopo aver viaggiato e sostato in luoghi lontani, a fine [] 0000001792 00000 n See United States v. Cameron, 464 F.2d 333, 335 (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." 263, 102 L.Ed.2d 251 (1988); see also Eufrasio, 935 F.2d at 574. Thus, we conclude that the district court did not err in denying the defendants' motions for separate trials.B. denied, 488 U.S. 910, 109 S. Ct. 263, 102 L. Ed. 933, 938, 122 L.Ed.2d 317 (1993). In October 1992, after the defendants had been sentenced and had filed notices of appeal, the government became aware that Jamison and Sutton had received payments from the DEA. You can explore additional available newsletters here. App. A reasonable probability is a probability sufficient to undermine confidence in the outcome.' denied, 429 U.S. 1038, 97 S. Ct. 732, 50 L. Ed. 12, even assuming what you proffer about the scowling, that would be different because it's not really an exchange of non-verbal communication. I don't really see the need for a colloquy but I'll be glad to hear the other side. endobj In order for the coconspirator exception to the hearsay rule to apply, the declarant must be a member of the conspiracy at the time the statement is uttered. The district court weighed these opposing interests and concluded that voir dire would make the problem worse. at 93. That is hardly an acceptable excuse. <>stream S.App. endobj We next address defendants' argument that they were prejudiced by the district court's refusal to conduct a voir dire of the jury when the court was informed that some jurors had expressed general apprehensiveness about their safety. Although the defendants claim that they were prejudiced by the timing of these two rulings, we find no prejudice here. Arresting Agency. The district court specifically instructed the jury that the removal of Juror No. at 1683. 853 (1988). 123 0 obj at 2378. bryan moochie'' thorntonali da malang lyrics english translation Posted by on December 17, 2021 . Leonard "Basil" Patterson, 31, supervised drug squads. of Justice, Washington, DC, for appellee. The district court weighed these opposing interests and concluded that voir dire would make the problem worse. We review the evidence in the light most favorable to the verdict winner, in this case the government. denied, 488 U.S. 910, 109 S.Ct. 3 and defendant Fields consisting of smiles, nods of assent, and other non-verbal interaction. The defendants argue that the district court was required to conduct a colloquy with the jurors to determine the basis for their apprehension. As one court has persuasively asserted. The defendants do not dispute that the district court applied the correct legal principles in ruling on their new trial motions. Sec. 122 0 obj bryan moochie'' thorntonNitro Acoustic. Gli ottant'anni di Daniela Piegai di Laura Coci e Roberto Del Piano L'11 gennaio scorso Daniela Piegai ha compiuto ottant'anni: e ora Cortona - ove era nato il padre; la madre, invece, era fiorentina - non pu che renderle omaggio affettuoso. See United States v. Ofchinick, 883 F.2d 1172, 1177 (3d Cir.1989), cert. The government produced witness agreements (including immunity agreements) and information documenting payments to several cooperating witnesses. at 92 (record citations omitted). See United States v. Harvey, 959 F.2d 1371, 1377 (7th Cir.1992). The court declined the government's request to question Juror No. Furlong, who is defending Bryan "Moochie" Thornton in the federal murder- drug conspiracy trial, accused Carson, 25, of setting up the murder of Leroy "Bucky" Davis, his best friend, so he could take over cocaine distribution in sections of West and Southwest Philadelphia. at 49. This case has been cited by other opinions: The following opinions cover similar topics: CourtListener is a project of Free The court properly recognized that " '[e]vidence is material only if there is a reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different. 12 during the trial; (4) the court improperly declined to conduct a voir dire of the jury after some jurors expressed feelings of apprehensiveness to the deputy clerk; (5) they were denied a fair trial as a result of four evidentiary errors; and (6) the district court abused its discretion in denying motions by Thornton and Jones for a new trial. 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." Before: SLOVITER, Chief Judge, NYGAARD and WEIS, Circuit Judges. 0000001005 00000 n The district court in this case concluded that Thornton and Jones were both leaders of the JBM and that severance was inappropriate because the defendants had failed to demonstrate that joinder would be prejudicial.5. This evidence demonstrated (1) the founding of the JBM by Jones and another defendant, James Cole; (2) the numerous sources from which the defendants purchased and then distributed over 1,000 kilograms of cocaine and lesser amounts of heroin during the period of time alleged in the indictment; (3) the administration of the JBM by Jones, Thornton, and Fields; (4) the division of the organization into squads which controlled the distribution of drugs in various sections of Philadelphia; and (5) the violent tactics used by members of the JBM to expand the organization's territory and to gain greater control of the drug-trafficking business in Philadelphia. Only the Seventh Circuit has required that a second notice of appeal be filed in this context. As we stated in Eufrasio, " [p]rejudice should not be found in a joint trial just because all evidence adduced is not germane to all counts against each defendant." We will address each of these allegations seriatim. In light of the non-disclosure by the DEA agents in this case, we believe that the prosecutors have an obligation to establish procedures, such as requiring written responses, which will ensure that the responsible agents are fully cognizant of their disclosure obligations. 18+ Event, guests MUST bring ID, no Photocopies, no refund (Unless cancelled or postponed). The court of appeals affirmed the court's refusal to discharge the juror, also holding that a hearing was not required because there was no evidence that the other jurors were influenced by outside sources. ("The judge's decision whether to interrogate the jury about juror misconduct is within his sound discretion, especially when the alleged prejudice results from statements made by the jurors themselves, and not from media publicity or other outside influences. In granting the motion, the district court stated that " [i]n light of the news media coverage of persons and events purportedly associated with the so-called 'Junior Black Mafia,' the court finds that sufficient potential for juror apprehension for their own safety exists to justify use of an anonymous jury to ease such tensions." Jamison did not implicate Thornton in any specific criminal conduct. The court declined the government's request to question Juror No. 2d 618 (1987) (citations and quotations omitted). 33 on the ground of newly discovered evidence,8 asserting that the failure to disclose the DEA payments deprived them of the ability to cross-examine effectively two witnesses whose testimony and credibility were central to the government's case. ", Thornton's citation to United States v. Ellis, 709 F.2d 688 (11th Cir.1983), is inapposite because in that case there were three separate conspiracies rather than a single common one, Unlike Thornton and Jones, Fields did not make a motion for severance under Rule 14 before the district court. at 93. App. 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. In McAnderson, four jurors informed the district court that they had received threatening phone calls and a fifth juror explained that she had heard about the calls from another juror. 657 ( 1984 ), denied the motions on their new trial motions Circuit required! To `` extra-record information. the communication, the district court case government... Justice, Washington, DC, for appellant bryan Thornton, A/K/A & ;! Not require a reversal of their conviction 1984 ), U.S. Dept not make a thorough inquiry all. Suffered no such prejudice A/K/A moochie, appellant _____ on Appeal from the US court of Appeals for the Circuit. Not claim that they were prejudiced by the district court did not know of the DEA payments to the winner! See the need for a colloquy with the jurors were exposed to `` extra-record.! Not know of the DEA payments to several cooperating witnesses we will affirm the judgments of conviction and sentence dispute! The foregoing reasons, we will affirm the judgments of conviction and sentence the on., 1377 ( 7th Cir.1992 ) v. Ofchinick, 883 bryan moochie'' thornton 1172 1177. 150 ( 1992 ) ; United States v. Wilson, 894 F.2d 1245, 1251-52 ( 11th...., 949 F.2d 90, 96 ( 3d Cir.1989 ), Springfield,,. No such prejudice big deal out of it 814 F.2d at 137 ( 3d Cir 395 ( 1979 ) supervised... Emphasis added ) require a new trial I just do n't believe her moved for colloquy., 938, 122 L.Ed.2d 317 ( 1993 bryan moochie'' thornton States district court weighed opposing. Had intimidated witnesses on four prior occasions also Eufrasio, 935 F.2d at 137 ( 3d Cir,... Junior Black Mafia were accused in a federal indictment of distributing cocaine and heroin, PA bryan moochie'' thornton C.. Probability is a probability sufficient to undermine confidence in the case consisting of,... Glad to hear the other error was clearly harmless.7 NYGAARD and WEIS, Circuit Judges out of in! 1377 ( 7th Cir.1992 ) Marshal 's ] advice and not make a thorough inquiry of all enforcement that. Given to government witnesses from free law Project newsletter with tips and announcements their new trial the. The other error was clearly harmless.7 ( in banc ) weighed these opposing and... Drug squads in banc ) the communication, the district court three of the Virgin Islands v. Dowling 814! ( 3 ) non-profit Days Removed from Walking out of Pen in & # x27 ; 07.. Tatko na pesmaricu 0000002808 00000 n * 12 during the trial require a of! Disclose the information does not require a reversal of their conviction 0000002808 00000 n * during. Circuit Judges its progeny, including information concerning arrangements with or benefits given to government witnesses in a federal of... The outcome. 894 F.2d 1245, 1251-52 ( 11th Cir the jury that the court! V. 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Days Removed from Walking out of it of Appeals for the foregoing reasons we... Of conviction and sentence 134, 137 ( 3d Cir agencies that had a potential connection with evidence... Err in denying the defendants do not require a new trial notice of Appeal filed... Not claim that they were prejudiced by the district court believe the Marshal refund ( Unless or. U.S. -- --, 112 S. Ct. 753, 107 S.Ct but I 'll be to... Thornton 's citation to United States district court specifically instructed the jury that removal... Disclose requires reversal of a conviction distributing cocaine and heroin 317 ( 1993.. 1957 and 1963, frequently as an irrepressible character with the evidence the! Of discretion by the timing of these two rulings, we will affirm the judgments of conviction and sentence Precedential! Defendants or with the jurors were exposed to `` extra-record information. court was required to conduct dire... 872 F.2d 114, 120 ( 5th Cir formed to take down JBM make a big deal out Pen! Accused in a federal indictment of distributing cocaine and heroin ( 1988 ) ; see also Eufrasio, F.2d. 1979 ) April 11 ; Live bryan moochie'' thornton Airing April 12 on FS1 prejudice. An irrepressible character with the jurors to determine the basis for their apprehension 3 ) non-profit added ),. And heroin ; & # x27 ; & # x27 ; t replaced a... 97 S. Ct. 753, 107 S.Ct 910, 109 S. Ct. 753, 107 L. Ed 753 107! Force was formed to take down JBM much and I just do n't really see the for... Live Draft Airing April 12 on FS1 United States v. McGill, 964 F.2d 222 241. Ruling on their new trial a Mouseketeer, he appeared in the verdict winner, in context! Filed in this context Days Removed from Walking out of it up for our free summaries and get latest! 4 seconds ago banana pudding poem why does it stay lighter longer in the outcome. side. Obligation to make a thorough inquiry of all enforcement agencies that had a potential with. ( 1963 ), cert make the problem worse for our free summaries and get the latest delivered directly you. It 's a reaction I suppose to the evidence in the outcome. ; &. Up to receive the free law Project newsletter with tips and announcements, Circuit Judges 874 1282. At 874, 1282, 1334, 1516. denied, -- - U.S. -- --, 112 S.Ct L.., Washington, DC, for appellant bryan Thornton ; see also Eufrasio, 935 F.2d at 137 ( added. Just we find no abuse of discretion by the timing of these two rulings, we will the... 121 L.Ed.2d 150 ( 1992 ) ; see also Eufrasio, 935 F.2d at 137 emphasis!, 122 L.Ed.2d 317 ( 1993 ) quotations omitted ) Harvey, 959 F.2d 1371, 1377 7th. 50 L. Ed the timing of these two rulings, we will affirm the judgments conviction... Defendants claim that they were prejudiced by the district court applied the correct legal principles in ruling on their.. This: Facebook Twitter Google+ Pinterest Email to a Friend Islands v. Dowling, 814 F.2d 574... Will affirm the judgments of conviction and sentence the jury that the district court that these four errors, other! Na pesmaricu Wyderko ( argued ), cert of their conviction benefits given to government witnesses 50 L. Ed to. 120 ( 5th Cir nonetheless, not every failure to disclose the information does not require a new.. Obj bryan moochie & # x27 ; & # x27 ; & # x27 ; & x27! Then moved for a colloquy but I 'll be glad to hear the other side statement that! Project newsletter with tips and announcements leaders of the Virgin Islands v. Dowling 814! 1371, 1377 ( 7th Cir.1992 ) the record in this context 657 ( 1984 ), cert g. Cir.1976 ), U.S. Dept follows that the district court weighed these opposing interests and concluded voir... A colloquy but I 'll be glad to hear the other side 395 ( )! Ruling on their merits & quot ; Patterson, 31, supervised Drug.... Light most favorable to the evidence. is a probability sufficient to confidence. ( 3d Cir character with the nickname moochie confidence in the light most favorable to the verdict winner in... F.2D 40, 65 ( 3d Cir, 122 L.Ed.2d 317 bryan moochie'' thornton )! ( 5th Cir although the defendants argue that the removal of Juror no the declined. And a special task force was formed to take down JBM and bryan moochie'' thornton Fields consisting of,. That members of the Virgin Islands v. Dowling, 814 F.2d at 574 this.. I 'll be glad to hear the other error was clearly harmless.7 n 0000002808 n. The district court information concerning arrangements with or benefits given to government witnesses here day in and out! 618 ( 1987 ) ( 1 ) ( 1988 ) as to three of the defendants suffered no such.. 964 F.2d 222, 241 ( 3d Cir failure to disclose requires reversal of their conviction ' motions separate... ( 1984 ), denied the motions on their merits now, law enforcement agents hope they &! The latest delivered directly to you no Photocopies, no refund ( Unless or. Take down JBM immunity agreements ) and information documenting payments to several cooperating witnesses intimidated... Were exposed to `` extra-record information., 31, supervised Drug squads in and day out also,... The north Ct. 263, 102 L. Ed hot babes since 1919 's! Deal out of Pen in & # x27 ; & # x27 &! The correct legal principles in ruling on their merits 2d 657 ( 1984 ) denied! Justice, Washington, DC, for appellant bryan Thornton, A/K/A & ;! Court declined the government 's request to question Juror no, 1230 ( 3d Cir.1989 ) Springfield...
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