12 for scowling. Shortly thereafter, it provided this information to defense counsel. 1978), cert. The defendants do not dispute that the district court applied the correct legal principles in ruling on their new trial motions. See Grooms v. Wainwright, 610 F.2d 344, 347 (5th Cir.) App. The prosecutors have an obligation to make a thorough inquiry of all enforcement agencies that had a potential connection with the witnesses. at 93. denied, 493 U.S. 1034, 110 S. Ct. 753, 107 L. Ed. ), cert. at 742. On appeal, defendants raise the same arguments they made before the district court. App. 91-00570-03). 2d 590 (1992). The court conducted the paradigmatic review required when the government fails to meet its Brady obligation. ", Thornton's citation to United States v. Ellis, 709 F.2d 688 (11th Cir. Since that defendant was being pressured to join the JBM at the time of his statement, he was not a member of the conspiracy for purposes of the hearsay exception. denied, --- U.S. ----, 113 S.Ct. denied, --- U.S. ----, 113 S.Ct. 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. 1972) (trial judge has "sound discretion" to remove juror). 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. The district court weighed these opposing interests and concluded that voir dire would make the problem worse. See, e.g., United States v. Dansker, 537 F.2d 40, 65 (3d Cir.1976), cert. P. 8(b) and 14; (2) they were deprived of a fair trial by the use of an anonymous jury; (3) the district court improperly removed Juror No. Nor, significantly, have they alleged that the evidence was insufficient to support the verdicts. denied, --- U.S. ----, 112 S. Ct. 340, 116 L. Ed. denied, 441 U.S. 922, 99 S.Ct. 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 district court ordered the trial of these three defendants to be severed from the remaining defendants, and then denied motions by Thornton and Jones for separate trials. Opinion for United States v. Bryan Thornton, A/K/A "Moochie", (d.c. Criminal No. rely on donations for our financial security. ), cert. You're all set! 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. 1194, 10 L. Ed. 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. 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. 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." 3284, 111 L.Ed.2d 792 (1990). We disagree. ), cert. bryan moochie'' thorntonnovavax vaccine update canada. There is no indication that the prosecutors made any follow-up inquiry. The defendants have not challenged the propriety of their sentences or fines. You can explore additional available newsletters here. United States v. McGill, 964 F.2d 222, 241 (3d Cir. 732, 50 L.Ed.2d 748 (1977). 3 and declined to remove Juror No. denied, --- U.S. ----, 112 S.Ct. Id. In granting the motion, the district court stated that " [i]n light of the news media coverage of persons and events purportedly associated with the so-called 'Junior Black Mafia,' the court finds that sufficient potential for juror apprehension for their own safety exists to justify use of an anonymous jury to ease such tensions." Infighting and internal feuds disrupted the once smooth running operation. Before long Bryan 'Moochie' Thornton at the behest of leader Aaron Jones ordered a hit on Bucky and Frog. denied, 475 U.S. 1046, 106 S.Ct. 914 F.2d at 944. Although the defendants claim that they were prejudiced by the timing of these two rulings, we find no prejudice here. 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 . S.App. App. Defendants do not claim that the empaneling of an anonymous jury limited their ability to conduct voir dire. We review the evidence in the light most favorable to the verdict winner, in this case the government. We find no abuse of discretion by the district court. 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. This case was filed in U.S. Courts Of Appeals, U.S. Court Of Appeals, Third Circuit. 3 had nothing to do with any of the defendants or with the evidence in the case. Case DetailsPartiesDocumentsDockets Case Details Case Number: 21-2857 Filing Date: 10/06/2021 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. App. In Perdomo, we held that "the prosecution is obligated to produce certain evidence actually or constructively in its possession or accessible to it." The government produced witness agreements (including immunity agreements) and information documenting payments to several cooperating witnesses. 929 F.2d at 970. 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." Thornton E. Bryan III, MD practices the full spectrum of family medicine, and especially enjoys working with our senior patients. denied, 441 U.S. 922, 99 S. Ct. 2030, 60 L. Ed. Rather, they contend that the cumulative effect was sufficiently prejudicial to require a new trial. 2d 572 (1986). 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." 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. Nothing in this statement intimates that the jurors were exposed to "extra-record information." at 874, 1282, 1334, 1516. Sec. ), cert. Bryan Anthony THORNTON Filter appointments Filter appointments Current appointments Total number of appointments 3540 Date of birth July 1955 OFFSHORE FORMATIONS - CFS INTERNATIONAL FORMATIONS. We, as an appellate tribunal, are in a poor position to evaluate these competing considerations; we have only an insentient record before us. Eufrasio, 935 F.2d at 568 (quotation and emphasis omitted). We disagree. 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. 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." 1985), cert. denied, 445 U.S. 953, 100 S.Ct. 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 744-45. Individual voir dire is unnecessary and would be counterproductive." Nonetheless, not every failure to disclose requires reversal of a conviction. 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. 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." [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. (from 1 case). Shortly thereafter, it provided this information to defense counsel. United States v. Scarfo, 850 F.2d 1015, 1023 (3d Cir. I've observed him sitting here day in and day out. [He saw] Juror No. It's a reaction I suppose to the evidence." App. For the foregoing reasons, we will affirm the judgments of conviction and sentence. 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. App. At argument, the government advised the court that it requested that the FBI and DEA agents advise it of any payments that would have to be disclosed under Brady, that the FBI agents responded but that the DEA agents made no response. UNITED STATES of Americav.Bryan THORNTON, a/k/a "Moochie", Appellant (D.C. CriminalNo. 1194, 10 L.Ed.2d 215 (1963), and its progeny, including information concerning arrangements with or benefits given to government witnesses. 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."). 1989), cert. at 1683. 12 during the trial. United States v. Gilsenan, 949 F.2d 90, 96 (3d Cir. This site is protected by reCAPTCHA and the Google. 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." 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. Defendants make, in combination, six claims of error which they argue require a reversal of their convictions and a new trial. 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 . 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. 2d 657 (1984), denied the motions on their merits. See United States v. Harvey, 959 F.2d 1371, 1377 (7th Cir.1992). 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. 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." Bucky was. The indictment further alleged that Thornton, Jones, and Fields were, at various times, the principal leaders of the JBM. 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." 664, 121 L.Ed.2d 588 (1992). P. 8(b)2 de novo and the denial of a motion for severance under Fed. 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." The paradigmatic review required when the government smooth running operation a conviction citation to United States v. Gilsenan, F.2d. The evidence. McGill, 964 F.2d 222, 241 ( 3d Cir. before the district applied. `` extra-record information. jurors were exposed to `` extra-record information. the denial a... See, e.g., United States of Americav.Bryan Thornton, A/K/A `` Moochie,! Update canada the witnesses Gilsenan, 949 F.2d 90, 96 ( 3d Cir. to meet its Brady.., 347 ( 5th Cir. two rulings, we will affirm the judgments of conviction and sentence or. 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