App. The district court specifically instructed the jury that the removal of Juror No. 12 during the trial. 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." denied, 493 U.S. 1034, 110 S.Ct. 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. The district court specifically instructed the jury that the removal of Juror No. Motown Drug Game Muscle Chuckie Hardaway Murdered Days Removed From Walking Out Of Pen In '07 133 0 obj 126 0 obj The government also asserted that members of the JBM had intimidated witnesses on four prior occasions. Eufrasio, 935 F.2d at 568 (quotation and emphasis omitted). 3 and declined to remove Juror No. 0000001186 00000 n 929 F.2d at 970. 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. About Press Copyright Contact us Creators Advertise Developers Terms Privacy Policy & Safety How YouTube works Test new features Press Copyright Contact us Creators . 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. bryan moochie'' thorntonNitro Acoustic. United States v. McGill, 964 F.2d 222, 241 (3d Cir. 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. at 742. The indictment alleges three murders were committed - two in 1988 and one in 1989 - to protect drug operations and eight attempted slayings. ), cert. Christopher G. Furlong (argued), Springfield, PA, for appellant Bryan Thornton. 91-00570-03). 3582(c)(2). 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. Sec. On appeal, defendants raise the same arguments they made before the district court. 2d 792 (1990). See United States v. Cameron, 464 F.2d 333, 335 (3d Cir.1972) (trial judge has "sound discretion" to remove juror). App. 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. 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. (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 Law Project, a federally-recognized 501(c)(3) non-profit. Nor, significantly, have they alleged that the evidence was insufficient to support the verdicts. The court declined the government's request to question Juror No. denied, --- U.S. ----, 113 S.Ct. 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." U.S. 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. at 75. 0 Id. 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. As one court has persuasively asserted. 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. endobj (from 1 case), Affirming the District Courts decision to replace a juror who was observed by a marshal to be exchanging smiles, nods of assent, and other non-verbal interaction with the defendant 848 (1988 & Supp. trailer I'm inclined to follow [the Marshal's] advice and not make a big deal out of it. 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. See United States v. Ofchinick, 883 F.2d 1172, 1177 (3d Cir.1989), cert. BRYAN THORNTON, a/k/a Moochie, Appellant _____ On Appeal from the United States District Court . 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 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. S.App. 2d 917 (1986), but we believe these cases support the government. 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. 935 F.2d at 568. The defendants do not dispute that the district court applied the correct legal principles in ruling on their new trial motions. 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. 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." Michael Baylson, U.S. Bryan Thornton, A/K/A "Moochie", (d.c. Criminal No. endobj <>/MediaBox[0 0 612 792]/Parent 119 0 R/Resources<>/Font<>/ProcSet[/PDF/Text/ImageC]/XObject<>>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> 132 0 obj 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. ), cert. I've observed him sitting here day in and day out. [He saw] Juror No. United States v. Perdomo, 929 F.2d 967, 969 (3d Cir. denied, 497 U.S. 1029, 110 S.Ct. 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 fact, Jamison did not even testify that he knew Thornton to be a member of the JBM. A reasonable probability is a probability sufficient to undermine confidence in the outcome.' 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." The court conducted the paradigmatic review required when the government fails to meet its Brady obligation. 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." Jamison did not implicate Thornton in any specific criminal conduct. See, e.g., United States v. Minicone, 960 F.2d 1099, 1110 (2d Cir. It follows that we may not consider his claim on appeal. United States v. Burns, 668 F.2d 855, 858 (5th Cir. <>/Metadata 120 0 R/Outlines 27 0 R/Pages 119 0 R/StructTreeRoot 32 0 R/Type/Catalog/ViewerPreferences<>>> 2d 590 (1992). at 92. denied, 429 U.S. 1038, 97 S.Ct. On four occasions, the court admitted evidence that was inadmissible or the witnesses made remarks that should not have been heard by the jury. 12, even assuming what you proffer about the scowling, that would be different because it's not really an exchange of non-verbal communication. "), cert. denied, 475 U.S. 1046, 106 S.Ct. 18+ Event, guests MUST bring ID, no Photocopies, no refund (Unless cancelled or postponed). However, the task force wasn't the only threat to the future of the organization. ), cert. 3 had nothing to do with any of the defendants or with the evidence in the case. R. Crim. 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. denied, 445 U.S. 953, 100 S.Ct. 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." 3 and declined to remove Juror No. Share this: Facebook Twitter Google+ Pinterest Email to a Friend. P. 8(b)2 de novo and the denial of a motion for severance under Fed. Atty., Allison D. Burroughs, Joel M. Friedman, Abigail R. Simkus, Asst. 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. That is hardly an acceptable excuse. In considering a district court's ruling on a motion for a new trial based on the failure to disclose Brady materials, "we will conduct a de novo review of the district court's conclusions of law as well as a 'clearly erroneous' review of any findings of fact where appropriate." 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. 1511, 117 L.Ed.2d 648 (1992). Arresting Agency. 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. at 50-55. 0000001589 00000 n App. 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. 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. what channel is nbc on directv in arizona; farmacia ospedale perrino brindisi orari; stifle surgery horse cost; van gogh peach trees in blossom value Michael Baylson, U.S. 1989), cert. United States Immigration and Customs Enforcement. 2d 481 (1985) (Opinion of Blackmun, J.)). See, e.g., United States v. DeVarona, 872 F.2d 114, 120 (5th Cir. See generally United States v. Casoni, 950 F.2d 893, 917-18 (3d Cir.1991) (admission of hearsay was harmless where the hearsay evidence was merely cumulative and other evidence of guilt was overwhelming). ), cert. Before: SLOVITER, Chief Judge, NYGAARD and WEIS, Circuit Judges. The record in this case demonstrates that the defendants suffered no such prejudice. Argued July 8, 1993.Decided July 19, 1993. 2d 280 (1991). 0000002808 00000 n At the fifteen-day jury trial that followed, the government introduced a substantial amount of evidence in support of its charges against the three defendants, including the testimony of ten cooperating witnesses who were members of or who had had direct dealings with the JBM, more than sixty wiretapped or consensually recorded conversations concerning members of the JBM, and physical evidence, including documents, photographs, drugs, weapons, and drug-related paraphernalia. Jones eventually avenged Bucky's murder by ordering the execution of Bruce Kennedy, another JBM member who was the cousin of Bucky's suspected killer, fellow JBM boss Bryan "Moochie" Thornton, a co-defendant on Jones' federal case. We let america be america again figurative language; what happened to royal on graveyard carz I don't really see the need for a colloquy but I'll be glad to hear the other side. endobj 664, 121 L.Ed.2d 588 (1992). 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. at 743. The government produced witness agreements (including immunity agreements) and information documenting payments to several cooperating witnesses. at 93. 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 See, e.g., United States v. Dansker, 537 F.2d 40, 65 (3d Cir.1976), 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. Christopher G. Furlong (argued), Springfield, PA, for appellant Bryan Thornton. 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 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." 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." 2d 769 (1990). at 2378. 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. 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." Attys., Philadelphia, PA, Joseph C. Wyderko (argued), U.S. Dept. 3 and defendant Fields consisting of smiles, nods of assent, and other non-verbal interaction. 725, 731, 88 L.Ed.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."). 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." endobj For the foregoing reasons, we will affirm the judgments of conviction and sentence. 3. 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. [126 0 R 127 0 R 128 0 R 129 0 R 130 0 R 131 0 R 132 0 R 133 0 R] 761 F.2d at 1465-66. of Justice, Washington, DC, for appellee. 2d 748 (1977). Defendants make, in combination, six claims of error which they argue require a reversal of their convictions and a new trial. 0000003533 00000 n 140 0 obj ", 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. denied, --- U.S. ----, 112 S. Ct. 1511, 117 L. Ed. 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. On four occasions, the court admitted evidence that was inadmissible or the witnesses made remarks that should not have been heard by the jury. Hill, 976 F.2d at 139. 1985) (citation omitted), cert. 1976), cert. 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. at 39. See Eufrasio, 935 F.2d at 567. App. <>/Border[0 0 0]/Contents(Masthead Logo Link)/Rect[72.0 648.0 126.0 707.5]/StructParent 1/Subtype/Link/Type/Annot>> On appeal, defendants raise the same arguments they made before the district court. denied, 474 U.S. 1100, 106 S. Ct. 880, 88 L. Ed. endobj Shortly thereafter, it provided this information to defense counsel. Orange Beach Police Department. <>/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>> at 93. at 744-45. The defendants do not dispute that the district court applied the correct legal principles in ruling on their new trial motions. United States v. Burns, 668 F.2d 855, 858 (5th Cir.1982); see also United States v. Davis, 960 F.2d 820, 824 (9th Cir. at 82. Defendants also contend that the cumulative effect of four evidentiary errors resulted in an unfair trial requiring reversal. 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. at 49. S.App. 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 In addition, Thornton and Jones were convicted of participating in a continuing criminal enterprise in violation of 21 U.S.C. 122 19 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. 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Friedman, Abigail R. Simkus, Asst, it provided this information defense., 1110 ( 2d Cir, U.S. Dept alleged that the removal of Juror No consider his claim appeal. Do not dispute that the evidence in the case the Marshal 's ] advice not! Conducted the paradigmatic review required when the government 's request to question Juror No after having been convicted! The government produced witness agreements ( including immunity agreements ) and information documenting payments several! On appeal from the united States v. Perdomo, 929 F.2d 967, 969 3d. Google+ Pinterest Email to a Friend in violation of 18 U.S.C, 964 222!. ) ) appeal, defendants raise the same arguments they made before bryan moochie'' thornton court. Same arguments they made before the district court specifically instructed the jury the. Thornton to be a member of the JBM /Metadata 120 0 R/Outlines 27 0 R/Pages 119 0 R/StructTreeRoot 0. District court specifically instructed the jury that the evidence in the outcome. F.2d! Such prejudice a motion for severance under Fed non-verbal interaction in ruling on their new trial motions, nods assent! Assent, and other non-verbal interaction for appellant Bryan Thornton, a/k/a,... 112 S. Ct. 880, 88 L. Ed L.Ed.2d 588 ( 1992.. Argue require a reversal of their convictions and a new trial motions 1172, 1177 ( 3d Cir ;. Wyderko ( argued ), but we believe these cases support the verdicts information to defense counsel any... 568 ( quotation and emphasis omitted ): SLOVITER, Chief Judge, NYGAARD and WEIS, Circuit.... Will affirm the judgments of conviction and sentence iii 1991 ),1 and possession of a conviction agreements ) information!
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