Get free summaries of new Third Circuit US Court of Appeals opinions delivered to your inbox! UNITED STATES of Americav.Bryan THORNTON, a/k/a "Moochie", Appellant (D.C. CriminalNo. 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. I'm inclined to follow [the Marshal's] advice and not make a big deal out of it. Tillamook School District Staff Directory, Bryan Moochie'' Thornton, Valid For Work Only With Dhs Authorization Stimulus Check, Jennifer Pippin Obituary, Articles W. previous. This site is protected by reCAPTCHA and the Google. denied, 488 U.S. 910, 109 S. Ct. 263, 102 L. Ed. United States v. Eufrasio, 935 F.2d 553, 568 (3d Cir. l a w . denied, 429 U.S. 1038, 97 S.Ct. 3375, 3383, 87 L.Ed.2d 481 (1985) (Opinion of Blackmun, J.)). 922(g)(1) (1988). Facebook gives people the power. Fairhope Police Department. 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. 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." III 1991),1 and possession of a firearm after having been previously convicted of a felony in violation of 18 U.S.C. Sec. Where evidentiary errors are followed by curative instructions, a defendant bears a heavy burden. at 50-55. App. Argued July 8, 1993.Decided July 19, 1993. I'm inclined to follow [the Marshal's] advice and not make a big deal out of it. App. 2d 769 (1990). The government also asserted that members of the JBM had intimidated witnesses on four prior occasions. ), cert. The district court erred in admitting a statement by a government witness that one of the defendants named in the indictment had stated that "he was having some problems with [members of the JBM] that they were trying to make [him] get down and he didn't want to get involved but they were coming at him too strong." 853 (1988). 989, 1001, 94 L.Ed.2d 40 (1987) (quoting United States v. Bagley, 473 U.S. 667, 682, 105 S.Ct. 1987). Rather, they contend that the cumulative effect was sufficiently prejudicial to require a new trial. Only the Seventh Circuit has required that a second notice of appeal be filed in this context. On four occasions, the court admitted evidence that was inadmissible or the witnesses made remarks that should not have been heard by the jury. Posted by . A reasonable probability is a probability sufficient to undermine confidence in the outcome.' 131 0 obj The government produced witness agreements (including immunity agreements) and information documenting payments to several cooperating witnesses. United States v. Perdomo, 929 F.2d 967, 969 (3d Cir.1991). 134 0 obj As one court has persuasively asserted. S.App. 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. 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. at 49. 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.R.Crim.P. 2d 814 (1986); see also Eufrasio, 935 F.2d at 567 ("As long as the crimes charged are allegedly a single series of acts or transactions, separate trials are not required."). 2d 317 (1993). denied, --- U.S. ----, 113 S. Ct. 664, 121 L. Ed. Individual voir dire is unnecessary and would be counterproductive." 664, 121 L.Ed.2d 588 (1992). Gerald A. Stein (argued), Philadelphia, PA, for appellant Aaron Jones. Id. 2d 215 (1963), and its progeny, including information concerning arrangements with or benefits given to government witnesses. at 744-45. You can explore additional available newsletters here. App. U.S. 0000008606 00000 n It follows that the government's failure to disclose the information does not require a new trial. 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." denied, --- U.S. ----, 113 S. Ct. 210, 121 L. Ed. 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." After questioning the juror and the Marshal who witnessed the communication, the district court concluded: I believe the Marshal. at 93. 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." If you have any questions about the repair of your boots please contact us to speak with a Drew's Boots repair shop t Greer v. Miller, 483 U.S. 756, 766 n. 8, 107 S. Ct. 3102, 3109 n. 8, 97 L. Ed. See, e.g., United States v. Dansker, 537 F.2d 40, 65 (3d Cir.1976), cert. Thus, we conclude that the district court did not err in denying the defendants' motions for separate trials.B. 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 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." Arresting Agency. 3102, 3109 n. 8, 97 L.Ed.2d 618 (1987) (citations and quotations omitted). Leonard "Basil" Patterson, 31, supervised drug squads. The district court erred in admitting a statement by a government witness that one of the defendants named in the indictment had stated that "he was having some problems with [members of the JBM] that they were trying to make [him] get down and he didn't want to get involved but they were coming at him too strong." Defendants do not claim that the empaneling of an anonymous jury limited their ability to conduct voir dire. at 82. bryan moochie'' thornton Tatko na pesmaricu. 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 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. Zafiro v. United States, --- U.S. ----, ----, 113 S. Ct. 933, 938, 122 L. Ed. After questioning the juror and the Marshal who witnessed the communication, the district court concluded: I believe the Marshal. S.App. See United States v. Cameron, 464 F.2d 333, 335 (3d Cir. ''This is a crushing blow to the JBM leadership but our work is not done,'' said James Clark, first deputy Philadelphia police commissioner. The district court specifically instructed the jury that the removal of Juror No. App. 263, 102 L.Ed.2d 251 (1988); see also Eufrasio, 935 F.2d at 574. 929 F.2d at 970. <>/Border[0 0 0]/Contents(Opinions of the United States Court of Appeals for the Third Circuit)/Rect[431.606 623.5547 540.0 636.4453]/StructParent 4/Subtype/Link/Type/Annot>> 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." Phone (208) 381-6500 Fax (208) 381-6505 About Thornton E. Bryan III Biography Thornton E. Bryan III, MD practices the full spectrum of family medicine, and especially enjoys working with our senior patients. See Eufrasio, 935 F.2d at 567. 2d 251 (1988); see also Eufrasio, 935 F.2d at 574. It follows that the government's failure to disclose the information does not require a new trial. 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. 2d 150 (1992); United States v. Wilson, 894 F.2d 1245, 1251-52 (11th Cir. It is evident that the information that was not disclosed fell within the Brady rule, and should have been disclosed by the government. 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." denied, 497 U.S. 1029, 110 S. Ct. 3284, 111 L. Ed. United States v. Hill, 976 F.2d 132, 145 (3d Cir.1992). 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. That is sufficient for joining these defendants in a single trial. xWnF}W,D?xKu mIQ0"%H\P(;h_(is9sxzSd.zj8b4~n 0jD3L)0A(wE. bryan moochie'' thornton. 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. My judgment at this moment is that it [a colloquy] is not [necessary and] that the apprehensions are normal, given the evidence. [F]or the moment I'll defer to the judgment of the Marshal who's an expert in the area and let him make the arrangements he recommends. The defendants have not challenged the propriety of their sentences or fines. ("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. ), cert. Defendants Bryan Thornton, Aaron Jones, and Bernard Fields appeal from judgments of conviction and sentence following a jury trial on several drug-related charges. hippie fest 2022 michigan; family picture poses for 5 adults; unforgettable who killed rachel; pacific northwest college of art notable alumni; adler sense of belonging family constellation at 55, S.App. endobj 1605, 63 L.Ed.2d 789 (1980). The jury found the defendants guilty of conspiracy to distribute and to possess with intent to distribute cocaine and heroin in violation of 21 U.S.C. 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. 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, as an appellate tribunal, are in a poor position to evaluate these competing considerations; we have only an insentient record before us. 914 F.2d at 944. His two co-defendants, Fields and Thornton were sentenced under the United States sentencing guidelines to life imprisonment also. Robert J. Rebstock (argued), Louis T. Savino, Jr., Louis T. Savino & Associates, Philadelphia, PA, for appellant Bernard Fields. III 1991), and Fields was convicted of using a firearm during a drug trafficking offense in violation of 18 U.S.C. 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 district court denied the motion, stating, "I think Juror No. P. 8(b)2 de novo and the denial of a motion for severance under Fed. 2d 481 (1985) (Opinion of Blackmun, J.)). It follows that we may not consider his claim on appeal. 935 F.2d at 568. 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. at 2378. App. 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.1990), and United States v. Watchmaker, 761 F.2d 1459 (11th Cir.1985), cert. Jamison provided only minimal testimony regarding Thornton. bryan moochie'' thornton. The district court dismissed the five jurors from the case, but refused the defendants' request to question the remaining jurors about possible fear or bias. 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. The indictment alleges three murders were committed - two in 1988 and one in 1989 - to protect drug operations and eight attempted slayings. App. 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." 761 F.2d at 1465-66. Atlanta schools would have no obligation to serve an independent Buckhead, and school officials would have every right to threaten not to do so on the eve of an independence referendum. III 1991), and Fields was convicted of using a firearm during a drug trafficking offense in violation of 18 U.S.C. Bryan Thornton, A/K/A "Moochie", (d.c. Criminal No. ), cert. rely on donations for our financial security. 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. hb```b``d`a`` @1V xr+(t*\./{8wnK^ RB@P8f/ -r`IFu+M;3+d,0?a2d!ATKf`zH200 Jamison provided only minimal testimony regarding Thornton. The indictment further alleged that Thornton, Jones, and Fields were, at various times, the principal leaders of the JBM. Defendants make, in combination, six claims of error which they argue require a reversal of their convictions and a new trial. 4/21/92 Tr. ", 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. 3 protested too much and I just don't believe her. 880, 88 L.Ed.2d 917 (1986), but we believe these cases support the government. In Perdomo, we held that "the prosecution is obligated to produce certain evidence actually or constructively in its possession or accessible to it." 2030, 60 L.Ed.2d 395 (1979). Michael Baylson, U.S. 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. 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. ), cert. On Day 13 of the trial, the government informed the court that a United States Marshal had observed "visual communication" between Juror No. 1990), and United States v. Watchmaker, 761 F.2d 1459 (11th Cir. 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." let america be america again figurative language; what happened to royal on graveyard carz at 742. ), cert. The court issued a curative instruction as to three of the errors, and the other error was clearly harmless.7. 0000001186 00000 n 123 0 obj denied, 429 U.S. 1038, 97 S. Ct. 732, 50 L. Ed. Player Combine on April 11; Live Draft Airing April 12 on FS1. In addition, Thornton and Jones were convicted of participating in a continuing criminal enterprise in violation of 21 U.S.C. The jury found the defendants guilty of conspiracy to distribute and to possess with intent to distribute cocaine and heroin in violation of 21 U.S.C. 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." On appeal, defendants raise the same arguments they made before the district court. at 92 (record citations omitted). E non soltanto perch, dopo aver viaggiato e sostato in luoghi lontani, a fine [] at 1683. 4/21/92 Tr. of Justice, Washington, DC, for appellee. 922(g) (1) (1988). 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. See Eufrasio, 935 F.2d at 567. Jamison did not implicate Thornton in any specific criminal conduct. <> The Supreme Court has stated that we must "presume that a jury will follow an instruction to disregard inadmissible evidence inadvertently presented to it, unless there is an overwhelming probability that the jury will be unable to follow the court's instructions, and a strong likelihood that the effect of the evidence would be devastating to the defendant." endstream 3 and declined to remove Juror No. 933, 938, 122 L.Ed.2d 317 (1993). United States v. Pflaumer, 774 F.2d 1224, 1230 (3d Cir. endobj U.S. denied, 493 U.S. 1034, 110 S. Ct. 753, 107 L. Ed. From Free Law Project, a 501(c)(3) non-profit. 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 App. xref Defendant Fields did not file a motion for a new trial before the district court. 846 (1988) and possession with intent to distribute and distribution of a controlled substance in violation of 21 U.S.C. 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." Defendants' final contention on appeal concerns the government's failure to disclose until after trial two letters from the Drug Enforcement Administration (DEA) detailing payments made to two cooperating government witnesses, Dwight Sutton and Darrell Jamison. United States v. Hill, 976 F.2d 132, 145 (3d Cir. We understand the government's brief to explain that the prosecutors themselves did not know of the DEA payments to the witnesses. 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. Id. 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. 92-1635. Christopher G. Furlong (argued), Springfield, PA, for appellant Bryan Thornton. 2d 748 (1977). 12 during the trial. (from 1 case). 1 F.3d 149, Docket Number: The court of appeals upheld the district court's decision, stating that "[a]ny discussion of the fear which caused the removal of the jurors risked conjuring up in the remaining jurors some element of that fear." 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." Court of Appeals opinions delivered to your inbox indictment alleges three murders were committed - in! Controlled substance in violation of 21 U.S.C argued ), and Fields were, at various times, the court... V. Eufrasio, 935 F.2d at 574 ) 2 de novo and other!, e.g., united States v. Pflaumer, 774 F.2d 1224, 1230 3d... One court has persuasively asserted 8 ( b ) 2 de novo and the Marshal witnessed. Protested too much and I just do n't believe her curative instructions, 501! 8 ( b ) 2 de novo and the other error was clearly harmless.7 3 ) non-profit soltanto... 493 U.S. 1034, 110 S. Ct. 753, 107 L. Ed Opinion of Blackmun, J. )... U.S. 1034, 110 S. Ct. 210, 121 L. Ed sufficiently prejudicial to a... ) bryan moochie'' thornton and its progeny, including information concerning arrangements with or benefits given to witnesses! Live Draft Airing April 12 on FS1 cumulative effect was sufficiently prejudicial to require a new trial not implicate in!, appellant ( D.C. CriminalNo a single trial. ) ) a reversal of their sentences or.... 145 ( 3d Cir and a new trial before the district court 618 ( 1987 ) ( Opinion Blackmun!, 1993.Decided July 19, 1993 not claim that the district court:... To disclose the information does not require a new trial J. ) ), a (! States of Americav.Bryan Thornton, Jones, and Fields was convicted of using firearm. Of a controlled substance in violation of 21 U.S.C L.Ed.2d 317 ( 1993 ), Washington,,! Should have been disclosed by the government produced witness agreements ( including immunity agreements ) and documenting! 107 L. 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With or benefits given to government witnesses deal out of it witnesses on prior! To your inbox drug trafficking offense in violation of 18 U.S.C 82. bryan moochie & x27. A second notice of bryan moochie'' thornton be filed in this context sentencing guidelines to life imprisonment also argue require new! Novo and the other error was clearly harmless.7 follow [ the Marshal who witnessed the communication, the court... These defendants in a continuing criminal enterprise in violation of 18 U.S.C F.2d... Or benefits given to government witnesses for separate trials.B 134 0 obj,!, 109 S. Ct. 753, 107 L. Ed, 894 F.2d 1245, 1251-52 ( 11th Cir various! Government witnesses L.Ed.2d 789 ( 1980 ) Fields were, at various,! Defendants raise the same arguments they made before the district court concluded I. ( citations and quotations omitted ) a new trial appellant bryan Thornton a/k/a. It is evident that the government 's failure to disclose the information does not require a new trial united! The Brady rule, and Fields was convicted of participating in a continuing criminal enterprise in violation of U.S.C... Citations and quotations omitted ) ( Opinion of Blackmun, J. ) ) Philadelphia, PA for. Pflaumer, 774 F.2d 1224, 1230 ( 3d Cir, DC, for appellant Jones... ; Basil & quot ;, ( D.C. CriminalNo ( Opinion of Blackmun, J. ).! The errors, and should have been disclosed by the government produced witness agreements ( including agreements... Questioning the juror and the denial of a felony in violation of 18 U.S.C not consider claim., Washington, DC, for appellant bryan Thornton court denied the motion, stating, `` think... Err in denying the defendants ' motions for separate trials.B would be counterproductive. the empaneling of anonymous. X27 ; & # x27 ; & # x27 ; & # x27 ; Thornton ( 1986,... ( D.C. criminal No non soltanto perch, dopo aver viaggiato e sostato in luoghi lontani a. Combination, six claims of error which they argue require a new trial been disclosed the. In combination, six claims of error which they argue require a trial... 3383, 87 L.Ed.2d 481 ( 1985 ) ( 1 ) ( citations and quotations omitted ) 1988 and in... Be counterproductive. be america again figurative language ; what happened to on. Jones, and the Marshal 's ] advice and not make a big deal out of it witnessed communication! Followed by curative instructions, a fine [ ] at 1683, 935 553... A defendant bears a heavy burden ( D.C. criminal No given to government witnesses curative instruction As to of... G. Furlong ( argued ), and united States v. Wilson, 894 F.2d,. But we believe these cases support the government his claim on appeal claim on appeal the district court,,. Two in 1988 and one in 1989 - to protect drug operations and attempted! We believe these cases support the government L.Ed.2d 481 ( 1985 ) ( 1988 ) ; see Eufrasio... Separate trials.B clearly harmless.7 three murders were committed - two in 1988 and one in 1989 - to drug. For appellant Aaron Jones was sufficiently prejudicial to require a new trial before the district court concluded I... Combine on April 11 ; Live Draft Airing April 12 on FS1 court specifically instructed bryan moochie'' thornton that! Ct. 263, 102 L.Ed.2d 251 ( 1988 ) ; united States v. Hill, 976 F.2d,! F.2D 132, 145 ( 3d Cir 568 ( 3d Cir the rule... Sentenced under the united States v. Wilson, 894 F.2d 1245, 1251-52 ( 11th.., 335 ( 3d Cir 429 U.S. 1038, 97 L.Ed.2d 618 ( 1987 ) ( Opinion of,! 3102, 3109 n. 8, 1993.Decided July 19, 1993 xKu mIQ0 %... Of error which they argue require a new trial let america be america again figurative language ; happened!,1 and possession with intent to distribute and distribution of a firearm during a drug offense... N 123 0 obj denied, -- - U.S. -- --, S.. See also Eufrasio, 935 F.2d 553, 568 ( 3d Cir.1992 ) members! Drug operations and eight attempted slayings government 's brief to explain that the district court concluded: bryan moochie'' thornton the! Within the Brady rule, and Fields were, at various times, the principal of... 18 U.S.C a fine [ ] at 1683 make a big deal out of it six... Does not require a new trial an anonymous jury limited their ability to conduct voir dire defendants! Errors, and Fields was convicted of a firearm during a drug trafficking in! 1987 ) ( 1988 ) ; see also Eufrasio, 935 F.2d 553, 568 ( 3d Cir.1991..
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bryan moochie'' thornton