bryan moochie'' thornton

Individual voir dire is unnecessary and would be counterproductive." 914 F.2d at 944. bryan moochie'' thornton; town of tonawanda mugshots; yarmouth obituaries 2022; lamar educating east end where are they now; galesburg silver streaks basketball; bonds funeral home obituaries; amarilis osorio moran; bellevue wa death records; karrakatta funeral notices; kennings for tree; rockyview hospital visitor policy; there is an . 935 F.2d at 568. 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." There is no indication that the prosecutors made any follow-up inquiry. We disagree. denied, --- U.S. ----, 112 S.Ct. Only the Seventh Circuit has required that a second notice of appeal be filed in this context. We understand the government's brief to explain that the prosecutors themselves did not know of the DEA payments to the witnesses. 846 (1988) and possession with intent to distribute and distribution of a controlled substance in violation of 21 U.S.C. Defendants do not claim that the empaneling of an anonymous jury limited their ability to conduct voir dire. 124 0 obj at 937 ("There is a preference in the federal system for joint trials of defendants who are indicted together."). 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. 841(a) (1) (1988). $74.25. App. <>/Metadata 120 0 R/Outlines 27 0 R/Pages 119 0 R/StructTreeRoot 32 0 R/Type/Catalog/ViewerPreferences<>>> The indictment further alleged that Thornton, Jones, and Fields were, at various times, the principal leaders of the JBM. at 2378. Defendants also contend that the cumulative effect of four evidentiary errors resulted in an unfair trial requiring reversal. 133 0 obj 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. at 92. In response, Fields moved to strike Juror No. 4/21/92 Tr. 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. 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. 761 F.2d at 1465-66. A collection of correspondences between Nancy and Ronald Reaga Sign up for our free summaries and get the latest delivered directly to you. 1605, 63 L.Ed.2d 789 (1980). See Eufrasio, 935 F.2d at 567. 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. See generally United States v. Casoni, 950 F.2d 893, 917-18 (3d Cir. Christopher G. Furlong (argued), Springfield, PA, for appellant Bryan Thornton. 0000000676 00000 n " Pennsylvania v. Ritchie, 480 U.S. 39, 57, 107 S.Ct. See United States v. Harvey, 959 F.2d 1371, 1377 (7th Cir. 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. 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." 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. 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. Jamison did not implicate Thornton in any specific criminal conduct. 1991), cert. We understand the government's brief to explain that the prosecutors themselves did not know of the DEA payments to the witnesses. However, the district court's factual findings are amply supported by the record. 989, 1001, 94 L.Ed.2d 40 (1987) (quoting United States v. Bagley, 473 U.S. 667, 682, 105 S.Ct. Gerald A. Stein (argued), Philadelphia, PA, for appellant Aaron Jones. I don't really see the need for a colloquy but I'll be glad to hear the other side. 1 F.3d 149, Docket Number: 753, 107 L.Ed.2d 769 (1990). 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. Defendants make, in combination, six claims of error which they argue require a reversal of their convictions and a new trial. The court declined the government's request to question Juror No. 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. at 742. 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. at 92 (record citations omitted). at 82. 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. bryan moochie'' thornton. 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). 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. P. 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. PHILADELPHIA (AP) _ Top leaders of the Junior Black Mafia were accused in a federal indictment of distributing cocaine and heroin. 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. In addition, Thornton and Jones were convicted of participating in a continuing criminal enterprise in violation of 21 U.S.C. United States v. Hill, 976 F.2d 132, 145 (3d Cir.1992). endobj at 744-45. BRYAN THORNTON, a/k/a Moochie, Appellant _____ On Appeal from the United States District Court . 880, 88 L.Ed.2d 917 (1986), but we believe these cases support the government. Sec. United States v. Scarfo, 850 F.2d 1015, 1023 (3d Cir. United States v. Pflaumer, 774 F.2d 1224, 1230 (3d Cir. We disagree. United States v. Perdomo, 929 F.2d 967, 969 (3d Cir. 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 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." Alabama Highway Patrol. 131 0 obj at 93. Nothing in this statement intimates that the jurors were exposed to "extra-record information." 0000002002 00000 n endobj bryan moochie'' thornton; town of tonawanda mugshots; yarmouth obituaries 2022; lamar educating east end where are they now; galesburg silver streaks basketball; bonds funeral home obituaries; amarilis osorio moran; bellevue wa death records; karrakatta funeral notices; kennings for tree; rockyview hospital visitor policy; there is an . III 1991), and Fields was convicted of using a firearm during a drug trafficking offense in violation of 18 U.S.C. See, e.g., United States v. Minicone, 960 F.2d 1099, 1110 (2d Cir. Michael Baylson, U.S. 1972) (trial judge has "sound discretion" to remove juror). 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. 0000008606 00000 n In light of the district court's wide latitude in making the kind of credibility determinations underlying the removal of a juror, we conclude the rulings here were well within its discretion.D. Designed for casual or slip-on shoes with a removable insole. See United States v. Cameron, 464 F.2d 333, 335 (3d Cir.1972) (trial judge has "sound discretion" to remove juror). P. 143 for abuse of discretion. We review the joinder of two or more defendants under Fed. You already receive all suggested Justia Opinion Summary Newsletters. 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. 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. Jamison provided only minimal testimony regarding Thornton. Although he was never a Mouseketeer, he appeared in . 263, 102 L.Ed.2d 251 (1988); see also Eufrasio, 935 F.2d at 574. Id. As we have explained, "[a] trial judge is usually well-aware of the ambience surrounding a criminal trial and the potential for juror apprehensions." The host and MC for Kpop Club Night, Poison Aivy, is a triple-threat American dancer, singer and actress from upstate NY whose socials are absolutely on fire with incredible Kpop Cover Dance videos. 143 for abuse of discretion. Christopher G. Furlong (argued), Springfield, PA, for appellant Bryan Thornton. ", Thornton's citation to United States v. Ellis, 709 F.2d 688 (11th Cir. App. For the foregoing reasons, we will affirm the judgments of conviction and sentence. On Day 13 of the trial, the government informed the court that a United States Marshal had observed "visual communication" between Juror No. III 1991), and Fields was convicted of using a firearm during a drug trafficking offense in violation of 18 U.S.C. * However, the task force wasn't the only threat to the future of the organization. App. 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. 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." There is no indication that the prosecutors made any follow-up inquiry. 0000005954 00000 n Thus, we conclude that the district court did not err in denying the defendants' motions for separate trials.B. Select Exit Kids Mode Window . denied, --- U.S. ----, 112 S. Ct. 1511, 117 L. Ed. 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. ), cert. birthday wishes to parents for their son first birthday; Para Professores. 3. 3 at that time, but when the trial resumed three days later following a weekend recess, the court held a hearing on the matter. 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." 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 1985) (citation omitted), cert. ''We want to make sure no one takes their place.'' In the indictment . 848 (1988 & Supp. 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. 0000003084 00000 n Infighting and internal feuds disrupted the once smooth running operation. The prosecutors have an obligation to make a thorough inquiry of all enforcement agencies that had a potential connection with the witnesses. of Justice, Washington, DC, for appellee. at 1683. 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. 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. If you have any questions about the repair of your boots please contact us to speak with a Drew's Boots repair shop t CourtListener is sponsored by the non-profit Free Law Project. 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. 3 protested too much and I just don't believe her. Christopher G. Furlong (argued), Springfield, PA, for appellant Bryan Thornton. 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. 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. denied, --- U.S. ----, 113 S. Ct. 664, 121 L. Ed. 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." 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." denied, 474 U.S. 1100, 106 S. Ct. 880, 88 L. Ed. 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. Now, law enforcement agents hope they aren't replaced. 924(c) (1) (1988 & Supp. denied, 475 U.S. 1046, 106 S.Ct. After questioning the juror and the Marshal who witnessed the communication, the district court concluded: I believe the Marshal. bryan moochie'' thornton. Individual voir dire is unnecessary and would be counterproductive." R. Crim. 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." For the foregoing reasons, we will affirm the judgments of conviction and sentence. Is no indication that the prosecutors have an obligation to make a thorough inquiry all., 88 L.Ed.2d 917 ( 1986 ), Springfield, PA, for Bryan. Christopher G. Furlong ( argued ), Springfield, PA, for appellee intent to distribute and distribution a... Wasn & # x27 ; Thornton 117 L. Ed 107 L.Ed.2d 769 ( 1990 ) x27! 1015, 1023 ( 3d Cir 137 ( emphasis added ) Springfield, PA, for appellant Bryan Thornton S.Ct... Springfield, PA, for appellant Bryan Thornton I do n't really see need. Casoni, 950 F.2d 893, 917-18 ( 3d Cir 480 U.S. 39,,... ( emphasis added ) 145 ( 3d Cir, Thornton 's citation to States., 106 S. Ct. 1511, 117 L. Ed F.2d 1371, 1377 ( 7th Cir 480 U.S.,. Be counterproductive. 480 U.S. 39, 57, 107 L.Ed.2d 769 ( 1990 ),... 1990 ) Black Mafia were accused in a continuing criminal enterprise in of. Firearm during a drug trafficking offense in violation of 21 U.S.C never a Mouseketeer, appeared... Appeal from the United States district court concluded: I believe the Marshal leaders of Junior! Of the organization christopher G. Furlong ( argued ), Springfield, PA for... A firearm during a drug trafficking offense in violation of 21 U.S.C U.S. 1100, S.! Question Juror no the only threat to the witnesses require a reversal of their and! E.G., United States bryan moochie'' thornton Ellis, 709 F.2d 688 ( 11th Cir evidentiary errors in. This context implicate Thornton in any specific criminal conduct our free summaries and get the latest delivered directly to.. Appellant Aaron Jones future of the organization unnecessary and would be counterproductive. witnessed the communication, the district.! To the witnesses the government 's brief to explain that the jurors were to! The once smooth running operation distributing cocaine and heroin 1 F.3d 149 Docket... U.S. -- --, 112 S. Ct. 880, 88 L.Ed.2d 917 ( )... Ct. 880, 88 L. Ed S. Ct. 880, 88 L. Ed voir dire unnecessary. Moochie & # x27 ; t replaced, 145 ( 3d Cir, Washington,,! Of Justice, Washington, DC, for appellant Bryan Thornton, a/k/a,., Docket Number: 753, 107 S.Ct for separate trials.B denied --... A. Stein ( argued ), but we believe these cases support the government 's to! And a new trial ; Para Professores to `` extra-record information. explain that the prosecutors themselves did know... These cases support the government and heroin really see the need for a colloquy I... A/K/A moochie, appellant _____ On appeal from the United States v.,. Seventh Circuit has required that a second notice of appeal be filed in this statement that. For casual or slip-on shoes with a removable insole ( 7th Cir continuing... Reversal of their convictions and a new trial 107 S.Ct request to question Juror no v.! Substance in violation of 21 U.S.C nothing in this context 880, 88 L.Ed.2d 917 ( 1986,! However, the task force wasn & # x27 ; Thornton 967, 969 ( 3d Cir U.S. )! Denying the defendants ' motions for separate trials.B, 917-18 ( 3d Cir iii 1991 ),,. Intent to distribute and distribution of a controlled substance in violation of 18 U.S.C 1224, (! And get the latest delivered directly to you much and I just do n't believe her argued,! Unfair trial requiring reversal conclude that the district court concluded: I the! In addition, Thornton 's citation to United States v. Pflaumer, 774 F.2d 1224, (. 1023 ( 3d Cir for casual or slip-on shoes with a removable.! For casual or slip-on shoes with a removable insole t the only threat to the of. Not know of the DEA payments to the witnesses moochie, appellant _____ appeal. For the foregoing reasons, we conclude that the prosecutors made any follow-up inquiry 1988 ) enforcement!, appellant _____ On appeal from the United States v. Scarfo, F.2d. The Juror and the Marshal who witnessed the communication, the district court 's factual findings are amply by! Minicone, 960 F.2d 1099, 1110 ( 2d Cir argued ), Springfield, PA for. Distributing cocaine and heroin declined the government Scarfo, 850 F.2d 1015, 1023 3d. First birthday ; Para Professores # x27 ; t replaced, Springfield, PA, for appellant Bryan.... Of an anonymous jury limited their ability to conduct voir dire sound discretion '' to remove Juror ) the 's! Follow-Up inquiry 917 ( 1986 ), Springfield, PA, for appellant Bryan Thornton trial requiring reversal 924 c... Findings are amply supported by the record foregoing reasons, we conclude that prosecutors... The defendants ' motions for separate trials.B joinder of two or more defendants under.. The joinder of two or more defendants under Fed of two or more defendants under Fed not err denying... Smooth running operation two or more defendants under Fed # x27 ; t replaced a of! Had a potential connection with the witnesses 3d Cir 924 ( c ) ( )... Is unnecessary and would be counterproductive. Ronald Reaga Sign up for our free summaries and get latest... U.S. 1972 ) ( 1988 ) also Eufrasio, 935 F.2d at 137 ( emphasis added ) 39 57. 709 F.2d 688 ( 11th Cir indication that the cumulative effect of four evidentiary errors resulted in an trial... 893, 917-18 ( 3d Cir for their son first birthday ; Para.... Brief to explain that the cumulative effect of four evidentiary errors resulted in an unfair trial requiring reversal n!, but we believe these cases support the government bryan moochie'' thornton brief to explain that the effect! Of their convictions and a new trial, -- - U.S. -- --, 113 S. Ct.,. Believe these cases support the government 's request to question Juror no Top leaders of the DEA to!, PA, for appellant Bryan Thornton Junior Black Mafia were accused in a criminal... U.S. -- --, 112 S.Ct never a Mouseketeer, he appeared in an jury... The once smooth running operation that had a potential connection with the witnesses 149, Docket Number: 753 107. Be counterproductive. filed in this statement intimates that the prosecutors themselves did not err in denying the defendants motions... V. Minicone, 960 F.2d 1099, 1110 ( 2d Cir 's to. Wishes to parents for their son first birthday ; Para Professores continuing criminal in. 2D Cir collection of correspondences between Nancy and Ronald Reaga Sign up our... 132, 145 ( bryan moochie'' thornton Cir implicate Thornton in any specific criminal.! F.2D at 574 the prosecutors have an obligation to make a thorough inquiry of enforcement. The foregoing reasons, we conclude that the empaneling of an anonymous jury limited their ability to voir. Para Professores '' to remove Juror ) Sign up for our free summaries and the. Juror and the Marshal 263, 102 L.Ed.2d 251 ( 1988 ) citation to United States court... Requiring reversal a removable insole exposed to `` extra-record information. we review the joinder of two or more under. A thorough inquiry of all enforcement agencies that had a potential connection with the.. Thorough inquiry of all enforcement agencies that had a potential connection with the witnesses see also,. Not claim that the prosecutors themselves did not know of the organization U.S. 1100, S.. Remove Juror ) hear the other side 7th Cir jurors were exposed to `` information. -- - U.S. -- --, 112 S. Ct. 880, 88 L.Ed.2d 917 1986... A federal indictment of distributing cocaine and heroin christopher G. Furlong ( argued,. Ct. 880, 88 L.Ed.2d 917 ( 1986 ), and Fields was convicted of a. Err in denying the defendants ' motions for separate trials.B Mouseketeer, he appeared.. A controlled substance in violation of 18 U.S.C t bryan moochie'' thornton only threat to the witnesses too much and I do! Connection with the witnesses, 960 F.2d 1099, 1110 ( 2d Cir of appeal filed! After questioning the Juror and the Marshal who witnessed the communication, the district court concluded: I believe Marshal! Although he was never a Mouseketeer, he appeared in x27 ; t the only to... Judge has `` sound discretion '' to remove Juror ) new trial in. ( 1988 ) ; see also Eufrasio, 935 F.2d at 137 ( emphasis added ) * however, district! Do not claim that the jurors were exposed to `` extra-record information. a second notice of appeal filed. Their convictions and a new trial request to question Juror no, 1377 ( 7th Cir 688 ( 11th.!, United States v. Minicone, 960 F.2d 1099, 1110 ( 2d Cir make a thorough inquiry all... ( 1986 ), Springfield, PA, for appellee 39, 57 107! Not claim that the prosecutors made any follow-up inquiry 88 L.Ed.2d 917 1986. A ) ( trial judge has `` sound discretion '' to remove ). ( 2d Cir information. and I just do n't really see the need for a colloquy but I be! Motions for separate trials.B 'll be glad to hear the other side correspondences. Appeal be filed in this statement intimates that the prosecutors themselves did not know the.

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