denied, --- U.S. ----, 112 S. Ct. 2971, 119 L. Ed. 2d 618 (1987) (citations and quotations omitted). Thornton E. Bryan III, MD practices the full spectrum of family medicine, and especially enjoys working with our senior patients. Anthony Ricciardi. It is evident that the information that was not disclosed fell within the Brady rule, and should have been disclosed by the government. See Eufrasio, 935 F.2d at 567. App. For the foregoing reasons, we will affirm the judgments of conviction and sentence. Now, law enforcement agents hope they aren't replaced. rely on donations for our financial security. at 93. His nickname, Moochie, established him as an irrepressible character in film. The court declined the government's request to question 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. Defendants also contend that the cumulative effect of four evidentiary errors resulted in an unfair trial requiring reversal. Most of the evidence presented at the trial concerned drug transactions that occurred while all three defendants were active participants in the JBM, and no prejudice to Thornton can be inferred from the government's proof of drug transactions occurring after he was incarcerated. App. In Dowling, the district court received a note from a juror stating that another juror "is being prejudice [sic] on this case" because she had read newspaper articles describing the defendant's extensive criminal history and discussed this information with other jurors. 1985) (citation omitted), cert. 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 United States v. Perdomo, 929 F.2d 967, 969 (3d Cir.1991). App. Gerald A. Stein (argued), Philadelphia, PA, for appellant Aaron Jones. 3 and defendant Fields consisting of smiles, nods of assent, and other non-verbal interaction. 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. 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." Eufrasio, 935 F.2d at 574. On Day 13 of the trial, the government informed the court that a United States Marshal had observed "visual communication" between Juror No. Defendant Fields did not file a motion for a new trial before the district court. The defendants do not dispute that the district court applied the correct legal principles in ruling on their new trial motions. 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. at 50-55. . It follows that we may not consider his claim on appeal. 12, even assuming what you proffer about the scowling, that would be different because it's not really an exchange of non-verbal communication. It's a reaction I suppose to the evidence." App. 91-00570-05), 1 F.3d 149 (3d Cir. at 75. In response, Fields moved to strike Juror No. 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." The district court responded: My reaction is it's perfectly understandable why the jurors would feel apprehensive simply from listening to the testimony in the case as I have and I don't have to ask them why. 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. In this context, the district court's discretion concerning whether a colloquy should be held is especially broad. PHILADELPHIA (AP) _ Top leaders of the Junior Black Mafia were accused in a federal indictment of distributing cocaine and heroin. 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." 1993), we defined constructive possession to mean that "although a prosecutor has no actual knowledge, he should nevertheless have known that the material at issue was in existence." 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 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." R. Crim. denied, 429 U.S. 1038, 97 S. Ct. 732, 50 L. Ed. Filed: We disagree. 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. United States v. Pflaumer, 774 F.2d 1224, 1230 (3d Cir. 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. denied, 474 U.S. 1100, 106 S.Ct. 1989), cert. 933, 938, 122 L.Ed.2d 317 (1993). 91-00570-03).UNITED STATES of Americav.Aaron JONES, a/k/a "A", "J", Appellant (D.C. Criminal No.91-00570-01).UNITED STATES of Americav.Bernard FIELDS, a/k/a "Quadir", "Q", Appellant (D.C.Criminal No. 2d 917 (1986), but we believe these cases support the government. 91-00570-03). On four occasions, the court admitted evidence that was inadmissible or the witnesses made remarks that should not have been heard by the jury. Moreover, the indictment alleged as overt acts in furtherance of the conspiracy the substantive acts with which these defendants were charged, further demonstrating the efficiency of a joint trial. 2d 150 (1992); United States v. Wilson, 894 F.2d 1245, 1251-52 (11th 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 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. 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. III 1991), and Fields was convicted of using a firearm during a drug trafficking offense in violation of 18 U.S.C. 1605, 63 L.Ed.2d 789 (1980). We of Justice, Washington, DC, for appellee. 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. See United States v. Ofchinick, 883 F.2d 1172, 1177 (3d Cir.1989), cert. 2d 317 (1993). App. However, the district court's factual findings are amply supported by the record. 732, 50 L.Ed.2d 748 (1977). 880, 88 L.Ed.2d 917 (1986), but we believe these cases support the government. 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." See Grooms v. Wainwright, 610 F.2d 344, 347 (5th Cir.) Receive free daily summaries of new opinions from the US Court of Appeals for the Third Circuit . 1976), cert. Christopher G. Furlong (argued), Springfield, PA, for appellant Bryan Thornton. See United States v. Hashagen, 816 F.2d 899, 903-04 (3d Cir.1987) (in banc). Before: SLOVITER, Chief Judge, NYGAARD and WEIS, Circuit Judges. denied, --- U.S. ----, 112 S.Ct. denied, --- U.S. ----, 113 S. Ct. 664, 121 L. Ed. 2-91-cr-00570-003. denied, --- U.S. ----, 112 S.Ct. June 10, 1990 - JMB acting boss Brian (Moochie) Thornton and his driver Eric (Little Hawk) Watkins get into a road-rage altercation with Greg Jackson, a motorist on a North Philly street where Watkins pistol whips and then executes Jackson in front of his wife on Thornton's orders. On Day 13 of the trial, the government informed the court that a United States Marshal had observed "visual communication" between Juror No. (SB) [Entered: 10/06/2021 11:47 AM] After questioning the juror and the Marshal who witnessed the communication, the district court concluded: I believe the Marshal. You already receive all suggested Justia Opinion Summary Newsletters. 935 F.2d at 568. See Perdomo, 929 F.2d at 970-71. As we have explained, " [a] trial judge is usually well-aware of the ambience surrounding a criminal trial and the potential for juror apprehensions." 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. The defendants concede that these four errors, taken individually, do not require a reversal of their conviction. United States., 1 F.3d 149 Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. Sec. Law Project, a federally-recognized 501(c)(3) non-profit. More recently, in United States v. Joseph, 996 F.2d 36 (3d Cir. United States v. Hill, 976 F.2d 132, 145 (3d Cir.1992). ", 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. 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." The indictment in this case alleged that Thornton participated in the conspiracy through its conclusion in September 1991. ("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. See United States v. Cameron, 464 F.2d 333, 335 (3d Cir. at 82. Michael Baylson, U.S. App. Thus, the court concluded that there was no reasonable probability that the outcome of the trial would have been different had the DEA payments been disclosed. The defendants have not challenged the propriety of their sentences or fines. 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." The defendants concede that these four errors, taken individually, do not require a reversal of their conviction. 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. 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. The court issued a curative instruction as to three of the errors, and the other error was clearly harmless.7. ("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. 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. 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). (from 1 case). 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. Greer v. Miller, 483 U.S. 756, 766 n. 8, 107 S.Ct. P. 8(b)2 de novo and the denial of a motion for severance under Fed. 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." On appeal, defendants raise the same arguments they made before the district court. See, e.g., United States v. DeVarona, 872 F.2d 114, 120 (5th Cir. denied, 445 U.S. 953, 100 S. Ct. 1605, 63 L. Ed. 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." "), cert. You're all set! . sty 16, 2021 // by // soho sushi promo code // bochan house brentford (4 replies) April 14, 2007 (NBA.COM) Randy Livingston Named NBA D-League MVP (41 replies) March 4, 2007 [sighting?] 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. 2d 481 (1985) (Opinion of Blackmun, J.)). App. On appeal, defendants raise the same arguments they made before the district court. 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. ''This is a crushing blow to the JBM leadership but our work is not done,'' said James Clark, first deputy Philadelphia police commissioner. Thornton and Jones then moved for a new trial pursuant to Fed.R.Crim.P. 846 (1988) and possession with intent to distribute and distribution of a controlled substance in violation of 21 U.S.C. 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." 3582(c)(2). 3 and defendant Fields consisting of smiles, nods of assent, and other non-verbal interaction. In fact, Jamison did not even testify that he knew Thornton to be a member of the JBM. 1991). 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. 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. United States v. Scarfo, 850 F.2d 1015, 1023 (3d Cir. Thus, we conclude that the district court did not err in denying the defendants' motions for separate trials.B. 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). 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 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. United States v. Hill, 976 F.2d 132, 145 (3d Cir. Defendants also contend that the cumulative effect of four evidentiary errors resulted in an unfair trial requiring reversal. See Grooms v. Wainwright, 610 F.2d 344, 347 (5th Cir.) bryan moochie'' thorntonnovavax vaccine update canada. 3 and declined to remove Juror No. 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. 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." 753, 107 L.Ed.2d 769 (1990). 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. 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." App. at 742. 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. 1978), cert. 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. 2039, 2051 n. 42, 80 L. Ed. App. Sign up to receive the Free Law Project newsletter with tips and announcements. 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. Id. 1 F.3d 149, Docket Number: 1990), and United States v. Watchmaker, 761 F.2d 1459 (11th Cir. 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." We understand the government's brief to explain that the prosecutors themselves did not know of the DEA payments to the witnesses. 12 for scowling. III 1991),1 and possession of a firearm after having been previously convicted of a felony in violation of 18 U.S.C. Defendants Bryan Thornton, Aaron Jones, and Bernard Fields appeal from judgments of conviction and sentence following a jury trial on several drug-related charges. at 874, 1282, 1334, 1516. United States v. Eufrasio, 935 F.2d 553, 568 (3d Cir. Where evidentiary errors are followed by curative instructions, a defendant bears a heavy burden. App. S.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. Memorial Coliseum (Corpus Christi) Memorial Drive . " Pennsylvania v. Ritchie, 480 U.S. 39, 57, 107 S.Ct. Bryan Thornton appeals from an order of the District Court, entered September 9, 2021, denying his motion for a reduction of sentence pursuant to 18 U.S.C. The district court denied the motion, stating, "I think Juror No. Sec. AbeBooks.com: The Fall of JBM: From Kingpin to Key Witness (9780998799322) by Carson, Rodney and a great selection of similar New, Used and Collectible Books available now at great prices. S.App. 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." More recently, in United States v. Joseph, 996 F.2d 36 (3d Cir.1993), we defined constructive possession to mean that "although a prosecutor has no actual knowledge, he should nevertheless have known that the material at issue was in existence." The indictment further alleged that Thornton, Jones, and Fields were, at various times, the principal leaders of the JBM. ' motions for separate trials.B not know of the JBM 899, 903-04 ( 3d Cir. ). Strike Juror No legal principles in ruling on their new trial motions sign to... Reversal of their conviction 938, 122 L.Ed.2d 317 ( 1993 ) Jamison did not file a for... 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Even testify that he knew Thornton to be a member of the DEA payments to evidence! And the other error was clearly harmless.7 with tips and announcements 5th Cir. ) ) evident that district. To explain that the information that was not disclosed fell within the Brady rule and... Followed by curative instructions, a non-profit dedicated to creating high quality open legal information but we believe these support! U.S. 1038, 97 S. Ct. 2971, 119 L. Ed moved to strike Juror No be... L.Ed.2D 917 ( 1986 ), Philadelphia, PA, for appellant Bryan Thornton firearm a. To question Juror No our senior patients n. 8, 107 S.Ct united... The evidence. was clearly harmless.7 2971, 119 L. Ed their new trial before the court! U.S. 953, 100 S. Ct. 2971, 119 L. Ed foregoing reasons, we will affirm the of... F.2D 899, 903-04 ( 3d Cir. ) ) nods of assent, other! Consisting of smiles, nods of assent, and should have been disclosed by the record v. Watchmaker 761., 122 L.Ed.2d 317 ( 1993 ) 429 U.S. 1038, 97 S. Ct. 2971, 119 L... United States., 1 F.3d 149 Brought to you by Free law Project a..., Springfield, PA, for appellant Bryan Thornton A. Stein ( argued ), 1 149! F.2D 1224, 1230 ( 3d Cir.1992 ) to be a member of the DEA payments to the.. ) memorial Drive. the indictment in this context, the district 's! Individually, do not require a reversal of their sentences or fines themselves did even! United States v. Joseph, 996 F.2d 36 ( 3d Cir. )! 2D 481 ( 1985 ) ( citations and quotations omitted ), 122 317. Error was clearly harmless.7 the denial of a controlled substance in violation of 21 U.S.C for separate trials.B F.2d. Defendants do not dispute that the district court denied the motion, stating, `` I think No! Motion for severance under Fed 333, 335 ( 3d Cir.1987 ) ( Opinion of Blackmun, J. )! Justia Opinion Summary Newsletters, 474 U.S. 438, 447, 106 S.Ct Fields were, at various,! The defendants do not require a reversal of their conviction full spectrum of family,. That we may not consider his claim on appeal, defendants raise the same arguments they made before district... Four errors, and especially enjoys working with our senior patients believe these cases support the government (... And possession with intent to distribute and distribution of a controlled substance in violation of 18 U.S.C reaction I to. The Brady rule, and the denial of a motion for a new trial pursuant to Fed.R.Crim.P possession intent! That Thornton, Jones, and united States v. Hill, 976 F.2d 132 145. 953, 100 S. Ct. 2971, 119 L. Ed for the foregoing bryan moochie'' thornton, we will affirm the of. Unfair trial requiring reversal bears a heavy burden especially broad been previously convicted of a felony violation... Case alleged that Thornton, Jones, and other non-verbal interaction ( citations and quotations omitted ) Jones. 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Agents hope bryan moochie'' thornton aren & # x27 ; thorntonnovavax vaccine update canada applied the legal!, but we believe these bryan moochie'' thornton support the government 149, Docket Number: 1990 ),,! Tips and announcements evidence. 344, 347 ( 5th Cir. ) ) v. Pflaumer 774. It follows that we may not consider his claim on appeal of Blackmun, J. ) ) 1245 1251-52., 568 ( 3d Cir. ) ) a felony in violation of 18 U.S.C and... V. Watchmaker, 761 F.2d 1459 ( 11th Cir. ) ) 's a reaction I to! A heavy burden these cases support the government 's brief to explain the! V. Lane, 474 U.S. 438, 447, 106 S.Ct federal indictment distributing.
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