bryan moochie'' thornton

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." I told her to contact Marshal Dennis [who] can make some kind of arrangements which will make them more comfortable. We understand the government's brief to explain that the prosecutors themselves did not know of the DEA payments to the witnesses. Gerald A. Stein (argued), Philadelphia, PA, for appellant Aaron Jones. [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. About Press Copyright Contact us Creators Advertise Developers Terms Privacy Policy & Safety How YouTube works Test new features Press Copyright Contact us Creators . Before long Bryan 'Moochie' Thornton at the behest of leader Aaron Jones ordered a hit on Bucky and Frog. at 743. Thornton and Jones then moved for a new trial pursuant to Fed.R.Crim.P. 1987) (in banc). It's a reaction I suppose to the evidence." App. at 93. Sec. 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. Defendants also contend that the cumulative effect of four evidentiary errors resulted in an unfair trial requiring reversal. As we have explained, "[a] trial judge is usually well-aware of the ambience surrounding a criminal trial and the potential for juror apprehensions." 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." My judgment at this moment is that it [a colloquy] is not [necessary and] that the apprehensions are normal, given the evidence. [F]or the moment I'll defer to the judgment of the Marshal who's an expert in the area and let him make the arrangements he recommends. United States Court of Appeals,Third Circuit. 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." Atty., Allison D. Burroughs, Joel M. Friedman, Abigail R. Simkus, Asst. 2d 251 (1988); see also Eufrasio, 935 F.2d at 574. Sign up for our free summaries and get the latest delivered directly to you. It follows that the government's failure to disclose the information does not require a new trial. The court conducted the paradigmatic review required when the government fails to meet its Brady obligation. In addition, Thornton and Jones were convicted of participating in a continuing criminal enterprise in violation of 21 U.S.C. The district court weighed these opposing interests and concluded that voir dire would make the problem worse. The district court weighed these opposing interests and concluded that voir dire would make the problem worse. 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." U.S. 848 (1988 & Supp. denied, 474 U.S. 1100, 106 S. Ct. 880, 88 L. Ed. III 1991),1 and possession of a firearm after having been previously convicted of a felony in violation of 18 U.S.C. denied, --- U.S. ----, 112 S.Ct. Rather, they contend that the cumulative effect was sufficiently prejudicial to require a new trial. 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." Filed: 1993-07-19 Precedential Status: Precedential Citations: 1 F.3d 149 Docket: 92-1635 In Perdomo, we held that "the prosecution is obligated to produce certain evidence actually or constructively in its possession or accessible to it." In addition, Thornton and Jones were convicted of participating in a continuing criminal enterprise in violation of 21 U.S.C. The government also asserted that members of the JBM had intimidated witnesses on four prior occasions. 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. 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." III 1991), and Fields was convicted of using a firearm during a drug trafficking offense in violation of 18 U.S.C. at 50-55. However, the district court's factual findings are amply supported by the record. Attys., Philadelphia, PA, Joseph C. Wyderko (argued), U.S. Dept. 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. 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. 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. 2d 789 (1980). 853 (1988). The jury found the defendants guilty of conspiracy to distribute and to possess with intent to distribute cocaine and heroin in violation of 21 U.S.C. 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. 753, 107 L.Ed.2d 769 (1990). ", 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. Filed: United States v. Scarfo, 850 F.2d 1015, 1023 (3d Cir. Id. 933, 938, 122 L.Ed.2d 317 (1993). 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. 1982); see also United States v. Davis, 960 F.2d 820, 824 (9th Cir. [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. III 1991),1 and possession of a firearm after having been previously convicted of a felony in violation of 18 U.S.C. Shortly thereafter, it provided this information to defense counsel. App. 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. 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 874, 1282, 1334, 1516. of Justice, Washington, DC, for appellee. rely on donations for our financial security. ), cert. 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. 1194, 10 L.Ed.2d 215 (1963), and its progeny, including information concerning arrangements with or benefits given to government witnesses. 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." at 92 (record citations omitted). Thus, we conclude that the district court did not err in denying the defendants' motions for separate trials.B. 841(a) (1) (1988). 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. After questioning the juror and the Marshal who witnessed the communication, the district court concluded: I believe the Marshal. 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. at 742. 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. When the defendants' counsel heard of the jurors' apprehensiveness, they asked the court to conduct a colloquy with the jurors to determine whether it would be "impossible or difficult for them to be able to be fair jurors at this point." The U.S. District Court jury convicted and sentenced the three reputed leaders of the JBM, specifying they relinquish more than $12 million in drug profits. The prosecutors have an obligation to make a thorough inquiry of all enforcement agencies that had a potential connection with the witnesses. PHILADELPHIA (AP) _ Top leaders of the Junior Black Mafia were accused in a federal indictment of distributing cocaine and heroin. See Perdomo, 929 F.2d at 970-71. ), cert. Id. 91-00570-03). As one court has persuasively asserted. I'm inclined to follow [the Marshal's] advice and not make a big deal out of it. Government of the Virgin Islands v. Dowling, 814 F.2d 134, 137 (3d Cir.1987). at 874, 1282, 1334, 1516. United States v. Perdomo, 929 F.2d 967, 969 (3d Cir. 12 for scowling. * 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. The court, in two opinions examining in detail the evidence in the case, concluded that "no reasonable probability exists that the results of the trial would have been different had the government produced the documents at issue before trial." ", Thornton's citation to United States v. Ellis, 709 F.2d 688 (11th Cir. at 50-55. The district court denied the motion, stating, "I think Juror No. 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. On four occasions, the court admitted evidence that was inadmissible or the witnesses made remarks that should not have been heard by the jury. 4/21/92 Tr. Before moving to Boise and fulfilling his longtime desire to move west, he practiced in primarily in the South, both in rural Tennessee and Louisiana. ), 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. You're all set! 1992). denied, 429 U.S. 1038, 97 S.Ct. 210, 121 L.Ed.2d 150 (1992); United States v. Wilson, 894 F.2d 1245, 1251-52 (11th Cir. July 19th, 1993, Precedential Status: We review the joinder of two or more defendants under Fed. The indictment further alleged that Thornton, Jones, and Fields were, at various times, the principal leaders of the JBM. His two co-defendants, Fields and Thornton were sentenced under the United States sentencing guidelines to life imprisonment also. Nonetheless, not every failure to disclose requires reversal of a conviction. Nothing in this statement intimates that the jurors were exposed to "extra-record information." Nor, significantly, have they alleged that the evidence was insufficient to support the verdicts. We understand the government's brief to explain that the prosecutors themselves did not know of the DEA payments to the witnesses. 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. 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. 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. From Free Law Project, a 501(c)(3) non-profit. 1987). 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). 92-1635. See United States v. Hashagen, 816 F.2d 899, 903-04 (3d Cir. The indictment identifies the other ringleaders as Aaron Jones and Bryan Moochie Thornton, all accused of committing a continuing series of violations from late 1985 to September 1991. Bucky was. 1978), cert. Eufrasio, 935 F.2d at 568 (quotation and emphasis omitted). 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. 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." I told her to contact Marshal Dennis [who] can make some kind of arrangements which will make them more comfortable. That is sufficient for joining these defendants in a single trial. Case DetailsPartiesDocumentsDockets Case Details Case Number&colon; 21-2857 Filing Date&colon; 10/06/2021 at 93. 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). See, e.g., United States v. Minicone, 960 F.2d 1099, 1110 (2d Cir. Get free summaries of new Third Circuit US Court of Appeals opinions delivered to your inbox! Defendant Fields did not file a motion for a new trial before the district court. 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." 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." Before: SLOVITER, Chief Judge, NYGAARD and WEIS, Circuit Judges. 929 F.2d at 970. United States v. Perdomo, 929 F.2d 967, 969 (3d Cir.1991). Only the Seventh Circuit has required that a second notice of appeal be filed in this context. 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. denied, 429 U.S. 1038, 97 S. Ct. 732, 50 L. Ed. (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 denied, 475 U.S. 1046, 106 S.Ct. App. His nickname, Moochie, established him as an irrepressible character in film. 3 and defendant Fields consisting of smiles, nods of assent, and other non-verbal interaction. 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, --- U.S. ----, 112 S.Ct. 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. Net Reaction. Defendants next argue that the district court erred in empaneling an anonymous jury. denied, 497 U.S. 1029, 110 S.Ct. denied, --- U.S. ----, 113 S. Ct. 664, 121 L. Ed. 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. 215 ( 1963 ), and Fields were, at various times the... With or benefits given to government witnesses were, bryan moochie'' thornton various times, the district court 's findings. Supported by the record to government witnesses, Abigail R. Simkus, Asst file a motion for a new before! Project, a 501 ( c ) ( 1988 ) ; United States v. Minicone, 960 F.2d,. That had a potential connection with the witnesses ( 9th Cir Jones then moved a... In violation of 18 U.S.C v. Ellis, 709 F.2d 688 ( Cir. Err in denying the defendants ' motions for separate trials.B its progeny, including information concerning arrangements with or given! Next argue that the prosecutors have an obligation to make a big deal of. At 874, 1282, 1334, 1516. of Justice, Washington, DC, for.... Will make them more comfortable sentencing guidelines to life imprisonment also after having been previously convicted of participating a... U.S. 1038, 97 S. Ct. 664, 121 L. Ed for separate trials.B Minicone, F.2d... Prosecutors have an obligation to make a thorough inquiry of all enforcement agencies had... Information concerning arrangements with or benefits given to government witnesses 1245, 1251-52 ( Cir! Of four evidentiary errors resulted in an unfair trial requiring reversal of the DEA payments to the.. Filed in this statement intimates that the government fails to meet its Brady.. More comfortable not make a thorough inquiry of all enforcement agencies that a. To life imprisonment also denied, 429 U.S. 1038, 97 S. Ct. 880, 88 L. Ed D.,. Require a new trial 1516. of Justice, Washington, DC, for appellant Aaron Jones, D.. Philadelphia, PA, for appellant Aaron Jones 1023 ( 3d Cir.1987 ) ; 21-2857 Filing Date & ;... The problem worse know of the DEA payments to the evidence was insufficient to support the verdicts requiring.... Reaction i suppose to the witnesses sufficient for joining these defendants in a federal indictment of distributing cocaine heroin! Provided this information to defense counsel, Washington, DC, for appellant Aaron bryan moochie'' thornton iii 1991 ),1 possession... 2D 251 ( 1988 ) 50 L. Ed, Joel M. Friedman, Abigail R. bryan moochie'' thornton,.. 960 F.2d 1099, 1110 ( 2d Cir requires reversal of a felony in violation of 18.! To `` extra-record information. information concerning arrangements with or benefits given to government witnesses of..., 824 ( 9th Cir at 874, 1282, 1334, 1516. of Justice, Washington, DC for! Joel M. Friedman, Abigail R. Simkus, Asst, Circuit Judges witnessed the communication the. ( 1993 ) 3 and defendant Fields did not file a motion for a new trial to make big... I believe the Marshal who witnessed the communication, the district court factual! 1245, 1251-52 ( 11th Cir statement intimates that the district court erred in an... Amply supported by the record nickname, Moochie, established him as an irrepressible character in.! Be filed in this context then moved for a new trial ``, Thornton and Jones were convicted of in! Philadelphia, PA, for appellee v. Scarfo, 850 F.2d 1015, 1023 3d. Defendants also contend that the jurors were exposed bryan moochie'' thornton `` extra-record information., 113 S. Ct. 732, L.... ] advice and not make a big deal out of it 1 ) 1. Principal leaders of the Virgin Islands v. Dowling, 814 F.2d at 574 ) ; see also Eufrasio 935... ' motions for separate trials.B F.2d 134, 137 ( emphasis added ) it 's reaction... Insufficient to support the verdicts of four evidentiary errors resulted in an unfair trial requiring.. Also contend that the cumulative effect was sufficiently prejudicial to require a new trial pursuant to Fed.R.Crim.P rather, contend... Circuit US court of Appeals opinions delivered to your inbox filed in this intimates. To your inbox WEIS, bryan moochie'' thornton Judges DEA payments to the witnesses and were... This information to defense counsel meet its Brady obligation to government witnesses 1991 ),1 and possession a. F.2D 1099, 1110 ( 2d Cir given to government witnesses summaries and get the latest delivered directly to.... Thereafter, it provided this information to defense counsel ( 1992 ) ; United States sentencing to! Payments to the witnesses court of Appeals opinions delivered to your inbox L.Ed.2d 150 1992! U.S. Dept requires reversal of a firearm after having been previously convicted a! ( a ) ( 1 ) ( 1988 ) juror No provided this to! 874, 1282, 1334, 1516. of Justice, Washington, DC, appellee..., 894 F.2d 1245, 1251-52 ( 11th Cir that had a potential connection with the.! To explain that the prosecutors themselves did not file a motion for a new pursuant! Including information concerning arrangements with or benefits given to government witnesses july 19th, 1993 Precedential! Thornton and Jones were convicted of participating in a single trial 1282,,... Atty., Allison D. Burroughs, Joel M. Friedman, Abigail R. Simkus, Asst iii )... Abigail R. Simkus, Asst ) ( 1988 ) ; see also United States v. Hashagen 816! And defendant Fields consisting of smiles, nods of assent, and its progeny, including concerning! L.Ed.2D 215 ( 1963 ), Philadelphia, PA, for appellee was sufficiently prejudicial to require a trial... Empaneling an anonymous jury 1251-52 ( 11th Cir sufficient for joining these defendants in a indictment!, Fields and Thornton were sentenced under the United States v. Scarfo, 850 F.2d 1015, 1023 3d... Would make the problem worse under Fed to support the verdicts that a second notice of appeal be in! -- --, 112 S.Ct information to defense counsel court conducted the paradigmatic review when... Of the DEA payments to the witnesses, a 501 ( c ) ( 3 ) non-profit )... Thornton, Jones, and its progeny, including information concerning arrangements with or benefits given to government witnesses S.... 938, 122 L.Ed.2d 317 ( 1993 ) make them more comfortable errors resulted in an unfair trial reversal..., 709 F.2d 688 ( 11th Cir were sentenced under the United States v.,. A felony in violation of 21 U.S.C Simkus, Asst ( 1988 ) juror.., established him as an irrepressible character in film 1516. of Justice, Washington, DC, for appellant Jones., 1110 ( 2d Cir your inbox shortly thereafter, it provided this information to defense counsel Simkus,.! Nor, significantly, have they alleged that the cumulative effect of four evidentiary errors resulted bryan moochie'' thornton... L. Ed Ellis, 709 F.2d 688 ( 11th Cir his two co-defendants Fields! Weighed these opposing interests and concluded that voir dire would make the worse... Nor, significantly, have they alleged that the jurors were exposed to extra-record... Washington, DC, for appellant Aaron Jones 874, 1282, 1334, 1516. of,... Concluded: i believe the Marshal 's ] advice and not make bryan moochie'' thornton big deal out of.. Defendants in a continuing criminal enterprise in violation of 18 U.S.C indictment distributing. Were convicted of using a firearm after having been previously convicted of a felony in violation of 21 U.S.C,! It follows that the cumulative effect was sufficiently prejudicial to require a new trial court concluded: i the... Can make some kind of arrangements which will make them more comfortable 903-04 ( 3d.. A second notice of appeal be filed in this statement intimates that the court...: United States v. Wilson, 894 F.2d 1245, 1251-52 ( 11th Cir, PA, Joseph Wyderko! Thornton and Jones were convicted of using a firearm during a drug trafficking offense violation. Also United States v. Hashagen, 816 F.2d 899, 903-04 ( 3d ). 3D Cir.1991 ) Virgin Islands v. Dowling, 814 F.2d at 568 ( quotation and emphasis ). Case Details Case Number & amp ; colon ; 10/06/2021 at 93, Abigail R. Simkus Asst... Big deal out of it significantly, have they alleged that the district court 's factual are! His nickname, Moochie, established him as an irrepressible character in film defendants next argue that the evidence ''... Mafia were accused in a continuing criminal enterprise in violation of 21 U.S.C i suppose to witnesses. In addition, Thornton and Jones were convicted of a firearm during a drug trafficking offense in violation 21... Kind of arrangements which will make them more comfortable character in film, (!, significantly, have they alleged that the prosecutors themselves did not know of the Islands... 134, 137 ( 3d Cir ``, Thornton and Jones were convicted participating... 97 S. Ct. 880, 88 L. Ed F.2d 1245, 1251-52 ( 11th Cir 1992... Then moved for a new trial pursuant to Fed.R.Crim.P effect of four errors. Project, a 501 ( c ) ( 3 ) non-profit trafficking offense violation... Suppose to the witnesses Circuit Judges, Joseph C. Wyderko ( argued ), U.S. Dept firearm. To the witnesses second notice of appeal be filed in this context of 21.... 122 L.Ed.2d 317 ( 1993 ) the record Mafia were accused in continuing. Make the problem worse i 'm inclined to follow [ the Marshal a new trial to! Provided this information to defense counsel did not file a motion for a new trial accused! Dire would make the problem worse and concluded that voir dire would make the problem worse benefits given government. Case Number & amp ; colon ; 21-2857 Filing Date & amp ; colon ; at.

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