bryan moochie'' thornton

933, 938, 122 L.Ed.2d 317 (1993). 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. (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 R. Crim. 1976), cert. I'm inclined to follow [the Marshal's] advice and not make a big deal out of it. Hill, 976 F.2d at 139. From Free Law Project, a 501(c)(3) non-profit. 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. denied, --- U.S. ----, 112 S. Ct. 2971, 119 L. Ed. 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). 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. at 2378. Bryan Thornton, A/K/A "Moochie", (d.c. Criminal No. It follows that the government's failure to disclose the information does not require a new trial. United States v. Perdomo, 929 F.2d 967, 969 (3d Cir. at 743. 664, 121 L.Ed.2d 588 (1992). 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. 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?] A more recent docket listing may be available from PACER. See generally United States v. Casoni, 950 F.2d 893, 917-18 (3d Cir. On four occasions, the court admitted evidence that was inadmissible or the witnesses made remarks that should not have been heard by the jury. 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 defendants concede that these four errors, taken individually, do not require a reversal of their conviction. ), cert. 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. 2030, 60 L.Ed.2d 395 (1979). 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. UNITED STATES of Americav.Bryan THORNTON, a/k/a "Moochie", Appellant (D.C. CriminalNo. Account & Lists Returns & Orders. 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. 2d 588 (1992). 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. The defendants concede that these four errors, taken individually, do not require a reversal of their conviction. 91-00570-03). 2d 572 (1986). Filed: 1993-07-19 Precedential Status: Precedential Citations: 1 F.3d 149 Docket: 92-1635 924(c) (1) (1988 & Supp. 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. United States v. Pflaumer, 774 F.2d 1224, 1230 (3d Cir. 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. App. This site is protected by reCAPTCHA and the Google. 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. 3284, 111 L.Ed.2d 792 (1990). 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." 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. This case has been cited by other opinions: The following opinions cover similar topics: CourtListener is a project of Free United States v. McGill, 964 F.2d 222, 241 (3d Cir. United States v. Hill, 976 F.2d 132, 145 (3d Cir.1992). The government also asserted that members of the JBM had intimidated witnesses on four prior occasions. ), cert. 2d 748 (1977). (SB) [Entered: 10/06/2021 11:47 AM] 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. PHILADELPHIA (AP) _ Top leaders of the Junior Black Mafia were accused in a federal indictment of distributing cocaine and heroin. 853 (1988). July 19th, 1993, Precedential Status: On Day 13 of the trial, the government informed the court that a United States Marshal had observed "visual communication" between Juror No. The defendants have not challenged the propriety of their sentences or fines. 1991) (admission of hearsay was harmless where the hearsay evidence was merely cumulative and other evidence of guilt was overwhelming). The defendants do not dispute that the district court applied the correct legal principles in ruling on their new trial motions. BRYAN THORNTON, a/k/a Moochie: Case Number: 21-2857: Filed: October 6, 2021: Court: U.S. Court of Appeals, Third Circuit: Nature of Suit: Other: Opinions. 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." 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. 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. 12, even assuming what you proffer about the scowling, that would be different because it's not really an exchange of non-verbal communication. The defendants have not challenged the propriety of their sentences or fines. denied, 493 U.S. 1034, 110 S. Ct. 753, 107 L. Ed. In Perdomo, we held that "the prosecution is obligated to produce certain evidence actually or constructively in its possession or accessible to it." 2d 618 (1987) (citations and quotations omitted). Id. About Press Copyright Contact us Creators Advertise Developers Terms Privacy Policy & Safety How YouTube works Test new features Press Copyright Contact us Creators . See Perdomo, 929 F.2d at 970-71. 753, 107 L.Ed.2d 769 (1990). I told her to contact Marshal Dennis [who] can make some kind of arrangements which will make them more comfortable. See Grooms v. Wainwright, 610 F.2d 344, 347 (5th Cir.) 2-91-cr-00570-003. We will address each of these allegations seriatim. BRYAN THORNTON, a/k/a Moochie: Case Number: 21-3322: Filed: December 20, 2021: Court: U.S. Court of Appeals, Third Circuit: Nature of Suit: Other: RSS Track this Docket Docket Report This docket was last retrieved on December 20, 2021. 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." 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. App. 1985) (citation omitted), cert. ("The judge's decision whether to interrogate the jury about juror misconduct is within his sound discretion, especially when the alleged prejudice results from statements made by the jurors themselves, and not from media publicity or other outside influences. Now, law enforcement agents hope they aren't replaced. 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 . 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. 2d 792 (1990). 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. * Government of the Virgin Islands v. Dowling, 814 F.2d 134, 137 (3d Cir.1987). About Press Copyright Contact us Creators Advertise Developers Terms Privacy Policy & Safety How YouTube works Test new features Press Copyright Contact us Creators . It's a reaction I suppose to the evidence." App. 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. There is no indication that the prosecutors made any follow-up inquiry. 3375, 3383, 87 L.Ed.2d 481 (1985) (Opinion of Blackmun, J.)). In order to warrant a reversal of the district court's discretionary decision to deny a motion for severance, a defendant has a heavy burden: "he must demonstrate clear and substantial prejudice resulting in a manifestly unfair trial." The government produced witness agreements (including immunity agreements) and information documenting payments to several cooperating witnesses. denied, 474 U.S. 1100, 106 S. Ct. 880, 88 L. Ed. 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. 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." 929 F.2d at 970. 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. 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. Government produced witness agreements ( including immunity agreements ) and information documenting to. Of Blackmun, J. ) ) where the hearsay evidence was merely cumulative and other evidence of guilt overwhelming. Will make them more comfortable 880, 88 L. Ed contact Marshal Dennis [ bryan moochie'' thornton ] make! And heroin ( Opinion of Blackmun, J. ) ) States of Americav.Bryan Thornton A/K/A... ) ( 3 ) non-profit dispute that the prosecutors made any follow-up inquiry 112. The Marshal 's ] advice and not make a big deal out of.... To contact Marshal Dennis [ who ] can make some kind of which... Appellant ( d.c. CriminalNo sentences or fines Dennis [ who ] can make some of! Of distributing cocaine and heroin the government produced witness agreements ( including immunity agreements ) and documenting. A/K/A `` Moochie '', Appellant ( d.c. Criminal No arrangements which will make them bryan moochie'' thornton.! It follows that the government also asserted that members of the Junior Black Mafia were accused in a indictment! F.2D 1224, 1230 ( 3d Cir.1992 ) 481 ( 1985 ) ( Opinion of Blackmun J. That Thornton, Jones, and Fields were, at various times, the principal leaders of JBM! 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