bryan moochie'' thorntonbryan moochie'' thornton
However, the district court's factual findings are amply supported by the record. Zafiro v. United States, --- U.S. ----, ----, 113 S.Ct. 2d 769 (1990). Although the defendants claim that they were prejudiced by the timing of these two rulings, we find no prejudice here. 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." denied, 493 U.S. 1034, 110 S. Ct. 753, 107 L. Ed. ), cert. 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. Where evidentiary errors are followed by curative instructions, a defendant bears a heavy burden. 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. Zafiro v. United States, --- U.S. ----, ----, 113 S. Ct. 933, 938, 122 L. Ed. 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. 1972) (trial judge has "sound discretion" to remove juror). denied, 441 U.S. 922, 99 S.Ct. The record in this case demonstrates that the defendants suffered no such prejudice. 143 for abuse of discretion. " Pennsylvania v. Ritchie, 480 U.S. 39, 57, 107 S. Ct. 989, 1001, 94 L. Ed. United States v. Gilsenan, 949 F.2d 90, 96 (3d Cir.1991), cert. Opinion for United States v. Bryan Thornton, A/K/A "Moochie", (d.c. Criminal No. 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. 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. The court declined the government's request to question Juror No. 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. S.App. Sec. 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." 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 340, 116 L.Ed.2d 280 (1991). Mar 2005 - Present17 years 6 months. 3 and declined to remove Juror No. Notice filed by Mr. Bryan Thornton in District Court No. 1989) (joinder proper where "indictment alleged a single overarching conspiracy" even though defendant was "absen [t] from a particular episode in the conspiracy"); United States v. Nerlinger, 862 F.2d 967, 973 (2d Cir. 2d 251 (1988); see also Eufrasio, 935 F.2d at 574. 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." 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. United States v. Scarfo, 850 F.2d 1015, 1023 (3d Cir. 210, 121 L.Ed.2d 150 (1992); United States v. Wilson, 894 F.2d 1245, 1251-52 (11th Cir. at 75. The defendants do not dispute that the district court applied the correct legal principles in ruling on their new trial motions. at 93. United States v. Pflaumer, 774 F.2d 1224, 1230 (3d Cir. You already receive all suggested Justia Opinion Summary Newsletters. ), cert. We will address each of these allegations seriatim. 3 at that time, but when the trial resumed three days later following a weekend recess, the court held a hearing on the matter. 1991) (admission of hearsay was harmless where the hearsay evidence was merely cumulative and other evidence of guilt was overwhelming). 12 for scowling. Nor, significantly, have they alleged that the evidence was insufficient to support the verdicts. The defendants concede that these four errors, taken individually, do not require a reversal of their conviction. The indictment in this case alleged that Thornton participated in the conspiracy through its conclusion in September 1991. denied, --- U.S. ----, 113 S. Ct. 210, 121 L. Ed. See Grooms v. Wainwright, 610 F.2d 344, 347 (5th Cir.) * United States., 1 F.3d 149 Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. This evidence demonstrated (1) the founding of the JBM by Jones and another defendant, James Cole; (2) the numerous sources from which the defendants purchased and then distributed over 1,000 kilograms of cocaine and lesser amounts of heroin during the period of time alleged in the indictment; (3) the administration of the JBM by Jones, Thornton, and Fields; (4) the division of the organization into squads which controlled the distribution of drugs in various sections of Philadelphia; and (5) the violent tactics used by members of the JBM to expand the organization's territory and to gain greater control of the drug-trafficking business in Philadelphia. 935 F.2d at 568. 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. at 92. Atty., Allison D. Burroughs, Joel M. Friedman, Abigail R. Simkus, Asst. 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 The prosecutors have an obligation to make a thorough inquiry of all enforcement agencies that had a potential connection with the witnesses. 4/21/92 Tr. I don't really see the need for a colloquy but I'll be glad to hear the other side. of Justice, Washington, DC, for appellee. July 19th, 1993, Precedential Status: Eufrasio, 935 F.2d at 574. The defendants have not challenged the propriety of their sentences or fines. ", Thornton's citation to United States v. Ellis, 709 F.2d 688 (11th Cir. Sec. 935 F.2d at 568. at 742. denied, 445 U.S. 953, 100 S.Ct. 2d 657 (1984), denied the motions on their merits. 1991), cert. 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 744-45. See Eufrasio, 935 F.2d at 567. Christopher G. Furlong (argued), Springfield, PA, for appellant Bryan Thornton. 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." We review the evidence in the light most favorable to the verdict winner, in this case the government. The defendants concede that these four errors, taken individually, do not require a reversal of their conviction. 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." United States v. Perdomo, 929 F.2d 967, 969 (3d Cir.1991). Christopher G. Furlong (argued), Springfield, PA, for appellant Bryan Thornton. 2971, 119 L.Ed.2d 590 (1992). I told her to contact Marshal Dennis [who] can make some kind of arrangements which will make them more comfortable. 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?] 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." at 1683. Nashville, TN. United States v. McGill, 964 F.2d 222, 241 (3d Cir. 2d 481 (1985) (Opinion of Blackmun, J.)). The indictment further alleged that Thornton, Jones, and Fields were, at various times, the principal leaders of the JBM. In light of the district court's curative instructions and the overwhelming evidence of the defendants' guilt in this case, including specific evidence concerning the numerous acts of violence committed in furtherance of the conspiracy, we conclude that these evidentiary errors were harmless and did not deprive the defendants of a fair trial. 3 and defendant Fields consisting of smiles, nods of assent, and other non-verbal interaction. 12 during the trial; (4) the court improperly declined to conduct a voir dire of the jury after some jurors expressed feelings of apprehensiveness to the deputy clerk; (5) they were denied a fair trial as a result of four evidentiary errors; and (6) the district court abused its discretion in denying motions by Thornton and Jones for a new trial. We 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 Eufrasio, 935 F.2d at 567. (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 United States Court of Appeals,Third Circuit. See Perdomo, 929 F.2d at 970-71. App. R. Crim. Bryan has been highly . See United States v. Hashagen, 816 F.2d 899, 903-04 (3d Cir. See, e.g., United States v. DeVarona, 872 F.2d 114, 120 (5th Cir.1989) (joinder proper where "indictment alleged a single overarching conspiracy" even though defendant was "absen[t] from a particular episode in the conspiracy"); United States v. Nerlinger, 862 F.2d 967, 973 (2d Cir.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. 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. at 937 ("There is a preference in the federal system for joint trials of defendants who are indicted together."). 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." The record in this case demonstrates that the defendants suffered no such prejudice. 846 (1988) and possession with intent to distribute and distribution of a controlled substance in violation of 21 U.S.C. at 82. United States v. McGill, 964 F.2d 222, 241 (3d Cir. Robert J. Rebstock (argued), Louis T. Savino, Jr., Louis T. Savino & Associates, Philadelphia, PA, for appellant Bernard Fields. 2d 280 (1991). . The indictment further alleged that Thornton, Jones, and Fields were, at various times, the principal leaders of the JBM. We, as an appellate tribunal, are in a poor position to evaluate these competing considerations; we have only an insentient record before us. at 93. App. Atty., Allison D. Burroughs, Joel M. Friedman, Abigail R. Simkus, Asst. On Day 13 of the trial, the government informed the court that a United States Marshal had observed "visual communication" between Juror No. Sec. It's a reaction I suppose to the evidence." App. 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. at 92 (record citations omitted). Defendants make, in combination, six claims of error which they argue require a reversal of their convictions and a new trial. 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. United States v. Hill, 976 F.2d 132, 145 (3d Cir.1992). See, e.g., United States v. DeVarona, 872 F.2d 114, 120 (5th Cir. 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. United States v. Hill, 976 F.2d 132, 145 (3d Cir. at 39. 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. Memorial Coliseum (Corpus Christi) Memorial Drive . 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."). You can explore additional available newsletters here. Bryan Anthony THORNTON Filter appointments Filter appointments Current appointments Total number of appointments 3540 Date of birth July 1955 OFFSHORE FORMATIONS - CFS INTERNATIONAL FORMATIONS. On four occasions, the court admitted evidence that was inadmissible or the witnesses made remarks that should not have been heard by the jury. denied, 488 U.S. 910, 109 S. Ct. 263, 102 L. Ed. 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. See Grooms v. Wainwright, 610 F.2d 344, 347 (5th Cir.) Sec. As one court has persuasively asserted. 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. Bucky was. ), cert. 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. In Perdomo, we held that "the prosecution is obligated to produce certain evidence actually or constructively in its possession or accessible to it." at 93. 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. App. denied, --- U.S. ----, 112 S.Ct. App. at 50-55. Attys., Philadelphia, PA, Joseph C. Wyderko (argued), U.S. Dept. 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." 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. 1990), and United States v. Watchmaker, 761 F.2d 1459 (11th Cir. 2d 590 (1992). 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. 841(a) (1) (1988). Get this Philadelphia Daily News page for free from Friday, October 4, 1991 IA DAILY NEWS PAGE 3 FBI agent ignored his family ties by Kitty Caparella Daily News Staff Writer It's a safe bet that . 1982); see also United States v. Davis, 960 F.2d 820, 824 (9th Cir. 2d 618 (1987) (citations and quotations omitted). [i]n determining whether to [question jurors] , the court must balance the probable harm resulting from the emphasis such action would place upon the misconduct and the disruption involved in conducting a hearing against the likely extent and gravity of the prejudice generated by that misconduct. Bryan Thornton, A/k/a "moochie", Appellant (d.c. Criminalno. It follows that we may not consider his claim on appeal. 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. Bryan Thornton Case Summary On 10/06/2021 USAfiled an Other - Other Criminal lawsuit againstBryan Thornton. 2d 317 (1993). CourtListener is sponsored by the non-profit Free Law Project. at 93. 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. Id. That is sufficient for joining these defendants in a single trial. Before long Bryan 'Moochie' Thornton at the behest of leader Aaron Jones ordered a hit on Bucky and Frog. Any claim of prejudice is further undermined by the volume of incriminating evidence presented by the government during the remainder of the trial and by the district court's instruction "to decide the case on the basis only of the evidence and not extrinsic information, an instruction the jury is presumed to have followed." at 49. The jury found Fields not guilty of one count of using a firearm during a drug trafficking offense, Under the Rule, "Two or more defendants may be charged in the same indictment or information if they are alleged to have participated in the same act or transaction or in the same series of acts or transactions constituting an offense or offenses. 914 F.2d at 944. From Free Law Project, a 501(c)(3) non-profit. at 55, S.App. 732, 50 L.Ed.2d 748 (1977). 933, 938, 122 L.Ed.2d 317 (1993). 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. A reasonable probability is a probability sufficient to undermine confidence in the outcome.' UNITED STATES of Americav.Bryan THORNTON, a/k/a "Moochie", Appellant (D.C. CriminalNo. Nonetheless, not every failure to disclose requires reversal of a conviction. 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. at 742. 1194, 10 L.Ed.2d 215 (1963), and its progeny, including information concerning arrangements with or benefits given to government witnesses. 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. 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." at 39. We review the joinder of two or more defendants under Fed.R.Crim.P. 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. 924(c)(1) (1988 & Supp. 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. 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 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. 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. 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. See also Zafiro, --- U.S. at ----, 113 S. Ct. at 937 ("There is a preference in the federal system for joint trials of defendants who are indicted together."). ), cert. App. 12 during the trial. The case status is Pending - Other Pending. 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. Criminal lawsuit againstBryan Thornton nor, significantly, have they alleged that Thornton, A/K/A `` Moochie,! Emphasis added ) 110 S. Ct. 933, 938, 122 L. Ed reversal. 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