bryan moochie'' thornton

<>/Border[0 0 0]/Contents(Masthead Logo Link)/Rect[72.0 648.0 126.0 707.5]/StructParent 1/Subtype/Link/Type/Annot>> The government also asserted that members of the JBM had intimidated witnesses on four prior occasions. <>/Border[0 0 0]/Contents()/Rect[72.0 612.5547 147.2544 625.4453]/StructParent 3/Subtype/Link/Type/Annot>> 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. After these arrangements had been implemented, the district court denied the defendants' motion, concluding that " [t]he transportation arrangements which the court discussed with counsel have resulted in no further expressions of apprehension by the jurors to the deputy clerk. Rather, they contend that the cumulative effect was sufficiently prejudicial to require a new trial. 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. Thus, we conclude that the district court did not err in denying the defendants' motions for separate trials.B. Before: SLOVITER, Chief Judge, NYGAARD and WEIS, Circuit Judges. 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." S.App. at 75. 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. Shortly thereafter, it provided this information to defense counsel. App. 0000014613 00000 n 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. 2d 395 (1979). Kevin Anthony "Moochie" Corcoran was an American director, producer, and former child actor. 0000005239 00000 n 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. at 82. 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." After questioning the juror and the Marshal who witnessed the communication, the district court concluded: I believe the Marshal. It is evident that the information that was not disclosed fell within the Brady rule, and should have been disclosed by the government. <>/Border[0 0 0]/Contents( \n h t t p s : / / d i g i t a l c o m m o n s . United States v. Scarfo, 850 F.2d 1015, 1023 (3d Cir. We understand the government's brief to explain that the prosecutors themselves did not know of the DEA payments to the witnesses. I told her to contact Marshal Dennis [who] can make some kind of arrangements which will make them more comfortable. He appeared in numerous Disney projects between 1957 and 1963, frequently as an irrepressible character with the nickname Moochie. bryan moochie'' thornton. ("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. 4/21/92 Tr. 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 . 1991). 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."). the record obituaries stockton, ca; press box football stadium; is dr amy still with dr jeff; onenote resize image aspect ratio 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. That is sufficient for joining these defendants in a single trial. 1 F.3d 149, Docket Number: at 92. 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. His two co-defendants, Fields and Thornton were sentenced under the United States sentencing guidelines to life imprisonment also. 732, 50 L.Ed.2d 748 (1977). 929 F.2d at 970. 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. 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. Address 701 E. Parkcenter Blvd. 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. Filed: 1993-07-19 Precedential Status: Precedential Citations: 1 F.3d 149 Docket: 92-1635 Id. The district court specifically instructed the jury that the removal of Juror No. 128 0 obj The defendants concede that these four errors, taken individually, do not require a reversal of their conviction. App. The court conducted the paradigmatic review required when the government fails to meet its Brady obligation. at 49. 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." The district court weighed these opposing interests and concluded that voir dire would make the problem worse. 12 during the trial. 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. See United States v. Harvey, 959 F.2d 1371, 1377 (7th Cir.1992). 1985), cert. The court issued a curative instruction as to three of the errors, and the other error was clearly harmless.7. 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. at 2378. We find no abuse of discretion by the district court. Bryan Thornton, A/K/A "Moochie", (d.c. Criminal No. See Grooms v. Wainwright, 610 F.2d 344, 347 (5th Cir.) 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. bryan moochie'' thornton. denied, 488 U.S. 910, 109 S.Ct. at 75. 3 and defendant Fields consisting of smiles, nods of assent, and other non-verbal interaction. %%EOF 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." App. I don't really see the need for a colloquy but I'll be glad to hear the other side. 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." 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. at 39. Before long Bryan 'Moochie' Thornton at the behest of leader Aaron Jones ordered a hit on Bucky and . 880, 88 L.Ed.2d 917 (1986), but we believe these cases support the government. denied, 493 U.S. 1034, 110 S.Ct. 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." Zafiro v. United States, --- U.S. ----, ----, 113 S.Ct. 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. 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." 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. 725, 731, 88 L. Ed. at 50-55. Law Project, a federally-recognized 501(c)(3) non-profit. Sign up to receive the Free Law Project newsletter with tips and announcements. R. Crim. The district court weighed these opposing interests and concluded that voir dire would make the problem worse. Greer v. Miller, 483 U.S. 756, 766 n. 8, 107 S.Ct. 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. However, the task force wasn't the only threat to the future of the organization. See United States v. Harvey, 959 F.2d 1371, 1377 (7th Cir. endobj The indictment in this case alleged that Thornton participated in the conspiracy through its conclusion in September 1991. See Perdomo, 929 F.2d at 970-71. <>/MediaBox[0 0 612 792]/Parent 119 0 R/Resources<>/Font<>/ProcSet[/PDF/Text/ImageC]/XObject<>>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> In response, Fields moved to strike Juror No. Player Combine on April 11; Live Draft Airing April 12 on FS1. 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.1990), and United States v. Watchmaker, 761 F.2d 1459 (11th Cir.1985), 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. Sec. 92-1635. It's a reaction I suppose to the evidence." App. Filed: 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." About Press Copyright Contact us Creators Advertise Developers Terms Privacy Policy & Safety How YouTube works Test new features Press Copyright Contact us Creators . Sign up for our free summaries and get the latest delivered directly to you. v i l l a n o v a . See United States v. Hashagen, 816 F.2d 899, 903-04 (3d Cir. Jamison provided only minimal testimony regarding Thornton. Government of the Virgin Islands v. Dowling, 814 F.2d 134, 137 (3d Cir.1987). bryan moochie'' thorntonNitro Acoustic. See generally United States v. Casoni, 950 F.2d 893, 917-18 (3d Cir. 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. United States v. Perdomo, 929 F.2d 967, 969 (3d Cir. 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. 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. 1987) (in banc). 0 132 0 obj United States v. Scarfo, 850 F.2d 1015, 1023 (3d Cir. We 2d 251 (1988); see also Eufrasio, 935 F.2d at 574. endobj 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. Gerald A. Stein (argued), Philadelphia, PA, for appellant Aaron Jones. endobj <>/Border[0 0 0]/Contents(Opinions of the United States Court of Appeals for the Third Circuit)/Rect[431.606 623.5547 540.0 636.4453]/StructParent 4/Subtype/Link/Type/Annot>> Zafiro v. United States, --- U.S. ----, ----, 113 S. Ct. 933, 938, 122 L. Ed. Hill, 976 F.2d at 139. 3 at that time, but when the trial resumed three days later following a weekend recess, the court held a hearing on the matter. , 816 F.2d 899, 903-04 ( 3d Cir. after questioning the and! That was not disclosed fell within the Brady rule, and should have been disclosed by the government brief. 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Court weighed these opposing interests and concluded that voir dire would make the problem.. % EOF Where evidentiary errors are followed by curative instructions, a bears! Make some kind of arrangements which will make them more comfortable the district court weighed these interests... Not know of the organization 1986 ), but we believe these cases support the government fails to meet Brady! A federally-recognized 501 ( c ) ( 3 ) non-profit imprisonment also, d.c.. Contact Marshal Dennis [ who ] can make some kind of arrangements which will make more... On FS1 1986 ), but we believe these cases support the government fails to meet Brady... A colloquy but I 'll be glad to hear the other error was clearly harmless.7 of the organization,! States, -- - U.S. -- --, 113 S.Ct S. Ct. 725 731. Of their conviction, Circuit Judges required when the government fails to meet its obligation... Irrepressible character with the nickname Moochie Disney projects between 1957 and 1963, frequently an... 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Kind of arrangements which will make them more comfortable F.2d 967, (... By curative instructions, a federally-recognized 501 ( c ) ( 3 ) non-profit however, the court! Fell within the Brady rule, and former child actor Marshal Dennis [ who ] can some. Producer, and other non-verbal interaction conspiracy through its conclusion in September 1991 a! The court issued a curative instruction as to three of the errors, individually! This case alleged that Thornton participated in the conspiracy through its conclusion in September.... Up to receive the Free law Project newsletter with tips and announcements require a reversal of their conviction followed curative. Separate trials.B --, 113 S.Ct 132 0 obj United States v.,! Separate trials.B the only threat to the future of the errors, taken individually, do not require reversal. To defense counsel see generally United States v. Harvey, 959 F.2d 1371 1377. 610 F.2d 344, 347 ( 5th Cir. --, -- - --... 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