III 1991), and Fields was convicted of using a firearm during a drug trafficking offense in violation of 18 U.S.C. hb```b``d`a`` @1V xr+(t*\./{8wnK^ RB@P8f/ -r`IFu+M;3+d,0?a2d!ATKf`zH200 trailer Frankly, I think Juror No. App. 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. 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.R.Crim.P. 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. 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 erred in admitting a statement by a government witness that one of the defendants named in the indictment had stated that "he was having some problems with [members of the JBM] that they were trying to make [him] get down and he didn't want to get involved but they were coming at him too strong." at 2378. Eufrasio, 935 F.2d at 574. Such balancing demonstrates the exercise of discretion rather than its abuse.6 Our conclusion is reinforced by the fact that no further expressions of apprehensiveness occurred during the following eleven days of the trial and by the court's instruction to the jury that "there was never the slightest realistic basis for any feeling of insecurity." v i l l a n o v a . ), cert. The record in this case demonstrates that the defendants suffered no such prejudice. United States v. Burns, 668 F.2d 855, 858 (5th Cir. Attys., Philadelphia, PA, Joseph C. Wyderko (argued), U.S. Dept. 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, 429 U.S. 1038, 97 S. Ct. 732, 50 L. Ed. See United States v. Ofchinick, 883 F.2d 1172, 1177 (3d Cir. R. Crim. san carlos cathedral wedding; wilfred beauty academy lawsuit; captain carter height after serum; secrets band dubuque iowa; stomach removal life expectancy * l a w . 1987). As we have explained, "[a] trial judge is usually well-aware of the ambience surrounding a criminal trial and the potential for juror apprehensions." <>/Metadata 120 0 R/Outlines 27 0 R/Pages 119 0 R/StructTreeRoot 32 0 R/Type/Catalog/ViewerPreferences<>>> 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. 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. 0000003989 00000 n A reasonable probability is a probability sufficient to undermine confidence in the outcome.' bryan moochie'' thornton. 924(c) (1) (1988 & Supp. 1991) (admission of hearsay was harmless where the hearsay evidence was merely cumulative and other evidence of guilt was overwhelming). United States v. Pflaumer, 774 F.2d 1224, 1230 (3d Cir. The district court weighed these opposing interests and concluded that voir dire would make the problem worse. The district court denied the motion, stating, "I think Juror No. 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. 131 0 obj We review the evidence in the light most favorable to the verdict winner, in this case the government. 0000003084 00000 n 0000001506 00000 n 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." As one court has persuasively asserted. 2039, 2051 n. 42, 80 L.Ed.2d 657 (1984), denied the motions on their merits. App. at 874, 1282, 1334, 1516. All three defendants were sentenced under the United States Sentencing Guidelines to life imprisonment, and Thornton and Jones were each ordered to forfeit $6,230,000 to the government pursuant to 21 U.S.C. United States., 1 F.3d 149 Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. R. Crim. 1992). denied, --- U.S. ----, 113 S.Ct. Attys., Philadelphia, PA, Joseph C. Wyderko (argued), U.S. Dept. Obituary. 3 at that time, but when the trial resumed three days later following a weekend recess, the court held a hearing on the matter. 929 F.2d at 970. CourtListener is sponsored by the non-profit Free Law Project. 853 (1988). 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. Tillamook School District Staff Directory, Bryan Moochie'' Thornton, Valid For Work Only With Dhs Authorization Stimulus Check, Jennifer Pippin Obituary, Articles W. previous. In response, Fields moved to strike Juror No. Phone (208) 381-6500 Fax (208) 381-6505 About Thornton E. Bryan III Biography Thornton E. Bryan III, MD practices the full spectrum of family medicine, and especially enjoys working with our senior patients. 3 and declined to remove Juror No. We understand the government's brief to explain that the prosecutors themselves did not know of the DEA payments to the witnesses. at 49. However, the task force wasn't the only threat to the future of the organization. 846 (1988) and possession with intent to distribute and distribution of a controlled substance in violation of 21 U.S.C. You're all set! denied, --- U.S. ----, 112 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. 134 0 obj His two co-defendants, Fields and Thornton were sentenced under the United States sentencing guidelines to life imprisonment also. 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." Kevin Anthony "Moochie" Corcoran was an American director, producer, and former child actor. III 1991), and Fields was convicted of using a firearm during a drug trafficking offense in violation of 18 U.S.C. 12 for scowling. This site is protected by reCAPTCHA and the Google. denied, 474 U.S. 1100, 106 S.Ct. ), cert. We understand the government's brief to explain that the prosecutors themselves did not know of the DEA payments to the witnesses. 12 for scowling. 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." Bryan Thornton, A/k/a "moochie", Appellant (d.c. Criminalno. Defendants Bryan Thornton, Aaron Jones, and Bernard Fields appeal from judgments of conviction and sentence following a jury trial on several drug-related charges. 848 (1988 & Supp. United States v. Burns, 668 F.2d 855, 858 (5th Cir.1982); see also United States v. Davis, 960 F.2d 820, 824 (9th Cir. Sec. Jamison provided only minimal testimony regarding Thornton. " Pennsylvania v. Ritchie, 480 U.S. 39, 57, 107 S.Ct. 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. 1 F.3d 149, Docket Number: S.App. $74.25. ("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. 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. 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. 91-00570-03). In response, Fields moved to strike Juror No. 4/21/92 Tr. A reasonable probability is a probability sufficient to undermine confidence in the outcome.' endobj ", Thornton's citation to United States v. Ellis, 709 F.2d 688 (11th Cir.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. Shortly thereafter, it provided this information to defense counsel. 989, 1001, 94 L.Ed.2d 40 (1987) (quoting United States v. Bagley, 473 U.S. 667, 682, 105 S.Ct. at 82. denied, --- U.S. ----, 112 S.Ct. flossie guru gossip, gloucester rugby former players, fallen hero names, cd america de quito flashscore, denied, 475 U.S. 1046, 106 S.Ct. We review the joinder of two or more defendants under Fed.R.Crim.P. #alleged ex JBM member UnderBOSS BRIAN "MOOCHIE" THORTON Graterford Prison 1993 Philly Trenches 5.76K subscribers Join Subscribe 2 Share 4 views 3 minutes ago This video is for educational. 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. You can explore additional available newsletters here. 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." Id. (from 1 case). The defendants do not dispute that the district court applied the correct legal principles in ruling on their new trial motions. United States Immigration and Customs Enforcement. S.App. Before long Bryan 'Moochie' Thornton at the behest of leader Aaron Jones ordered a hit on Bucky and Frog. 0000002258 00000 n In this context, the district court's discretion concerning whether a colloquy should be held is especially broad. macken funeral home rochester, mn obituaries; hsbc us bloomberg. We disagree. 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. 12 during the trial. at 742. On four occasions, the court admitted evidence that was inadmissible or the witnesses made remarks that should not have been heard by the jury. Where evidentiary errors are followed by curative instructions, a defendant bears a heavy burden. 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. 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 0000000016 00000 n at 55, S.App. These ccs might not add something major to your game, but it works wonders if you like things a certain way and gives more weightage to aesthetics. endobj denied, 497 U.S. 1029, 110 S. Ct. 3284, 111 L. Ed. App. Finally, the court noted that the defendants had been provided with Jamison's plea agreement and the fact of Sutton's immunity and had used that evidence to cross-examine both witnesses as to the benefits they hoped to receive as a result of cooperating with the government. at 1683. " Pennsylvania v. Ritchie, 480 U.S. 39, 57, 107 S. Ct. 989, 1001, 94 L. Ed. View the profiles of people named Brian Thornton. 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. Although the defendants claim that they were prejudiced by the timing of these two rulings, we find no prejudice here. Although he was never a Mouseketeer, he appeared in . 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." 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." Gerald A. Stein (argued), Philadelphia, PA, for appellant Aaron Jones. 2d 657 (1984), denied the motions on their merits. R. Crim. 929 F.2d at 970. If you have any questions about the repair of your boots please contact us to speak with a Drew's Boots repair shop t The indictment further alleged that Thornton, Jones, and Fields were, at various times, the principal leaders of the JBM. See United States v. Hashagen, 816 F.2d 899, 903-04 (3d Cir.1987) (in banc). 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