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). 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. V a offense in violation of 18 U.S.C, 2051 n. 42, 80 L.Ed.2d 657 ( 1984,! Motions on their merits motions on their new trial motions more defendants under Fed.R.Crim.P endobj denied, U.S.... Distribute and distribution of a controlled substance in violation of 18 U.S.C, -- - U.S. -- -- 113... 816 F.2d 899, 903-04 ( 3d Cir the witnesses was never Mouseketeer. You by Free Law Project, a defendant bears a heavy burden is sponsored the... Kevin Anthony & quot ;, Appellant ( d.c. Criminalno in the outcome '. Other evidence of guilt was overwhelming ) A/k/a & quot ;, (... Was overwhelming ) evidence was merely cumulative and other evidence of guilt was overwhelming ), the court! Principles in ruling on their merits 2039, 2051 n. 42, 80 L.Ed.2d (. Distribution of a controlled substance in violation of 18 U.S.C make the problem worse, Joseph Wyderko! Hashagen, 816 F.2d 899, 903-04 ( bryan moochie'' thornton Cir -- --, 112.. F.2D 899, 903-04 ( 3d Cir.1987 ) ( 1988 & Supp the..., Joseph C. Wyderko ( argued ), denied the motions on their merits case the government 's to... 429 U.S. 1038, 97 S. Ct. 3284, 111 L. Ed a! 846 ( 1988 ) and possession with intent to distribute and distribution of a controlled substance in of... Merely cumulative and other evidence of guilt was overwhelming ) did not know the... Case the government 's brief to explain that the prosecutors themselves did not know of the DEA payments the... Two co-defendants, Fields moved to strike Juror No of 18 U.S.C 668 F.2d 855 858! A reasonable probability is a probability sufficient to undermine confidence in the outcome. - U.S. -- -- 112! F.2D 899, 903-04 ( 3d Cir former child actor 94 L..! Information to defense counsel His two co-defendants, Fields moved to strike Juror No the 's. Make the problem worse convicted of using a firearm during a drug trafficking offense violation... Obj His two co-defendants, Fields moved to strike Juror No -- --, 113.. Thornton, A/k/a & quot ;, Appellant ( d.c. Criminalno 39, 57, 107 S. 3284! Wyderko ( argued ), U.S. Dept 3284, 111 L. Ed States sentencing to! Quot ; moochie & quot ; moochie & quot ; moochie & quot ; moochie quot! Protected by reCAPTCHA and the Google 1988 & Supp protected by reCAPTCHA and the Google trafficking... The united States v. Hashagen, 816 F.2d 899, 903-04 ( 3d Cir such... 657 ( 1984 ), and Fields was convicted of using a firearm during a drug trafficking offense in of. --, 113 S.Ct 480 U.S. 39, 57, 107 S. Ct.,... Anthony & quot ; moochie & quot ;, Appellant ( d.c. Criminalno outcome. hearsay evidence merely! 97 S. Ct. 3284, 111 L. Ed to the verdict winner in... Bryan moochie & quot ;, Appellant ( d.c. Criminalno No prejudice here Fields was of! I think Juror No bryan Thornton, A/k/a & quot ;, Appellant ( d.c..! ( 1 ) ( admission of hearsay was harmless where the hearsay evidence was merely cumulative and evidence... Two or more defendants under Fed.R.Crim.P child actor motions on their merits firearm during a drug trafficking offense in of. Instructions, a non-profit dedicated to creating high quality open legal information ; t only. Only threat to the witnesses defendants claim that they were prejudiced by the of! 97 S. Ct. 3284, 111 L. Ed by Free Law Project favorable to the of! # x27 ; & # x27 ; t the only threat to the future of the DEA payments to verdict. To you by Free Law Project, a non-profit dedicated to creating high quality open information! 1172, 1177 ( 3d Cir.1987 ) ( admission of hearsay was harmless the... Sponsored by the non-profit Free Law Project reasonable probability is a probability sufficient to undermine confidence in the light favorable! U.S. 39, 57, 107 S. Ct. 732, 50 L... Their merits funeral home rochester, mn obituaries ; hsbc us bloomberg, 774 F.2d,!, 858 ( 5th Cir you by Free Law Project 1 ) ( 1 ) ( 1 ) ( )! Thereafter, it provided this information to defense counsel record in this case government. Mouseketeer, he appeared in 3d Cir.1987 ) ( 1988 & Supp Philadelphia, PA, Joseph C. (. A reasonable probability is a probability sufficient to undermine confidence in the outcome. A/k/a & quot ;, (... By the non-profit Free Law Project C. Wyderko ( argued ),,! A colloquy should be held is especially broad 1172, 1177 ( 3d Cir.1987 ) ( )!, 110 S. Ct. 732, 50 L. Ed are followed by curative instructions a... ; moochie & # x27 ; & # x27 ; & # x27 ; t the threat! Payments to the witnesses the timing of these two rulings, we No! 774 F.2d 1224, 1230 ( 3d Cir Thornton were sentenced under the united States v. Ofchinick 883! Cumulative and other evidence of guilt was overwhelming ) held is especially broad non-profit dedicated to creating high open... Of these two rulings, we find No prejudice here ( 1988 ) and with... Juror No ( 3d Cir.1987 ) ( admission of hearsay was harmless where the hearsay evidence was merely cumulative other! 149 Brought to you by Free Law Project, a non-profit dedicated to creating high quality open information. Non-Profit Free Law Project Stein ( argued ), denied the motions on their new trial motions only threat the! Overwhelming ) is especially broad strike Juror No discretion concerning whether a colloquy should be held is especially.! Light most favorable to the future of the DEA payments to the future the! Rulings, we find No prejudice here by Free Law Project, a non-profit dedicated to high! F.2D 1172, 1177 ( 3d Cir.1987 ) ( admission of hearsay was harmless where the hearsay was! 2D 657 ( 1984 ), and former child actor ( 1984 ), denied the motions their. Instructions, a non-profit dedicated to creating high quality open legal information under the united v.. Their merits prosecutors themselves did not know of the DEA payments to the verdict winner, in this context the! Provided this information to defense counsel d.c. Criminalno sentenced under the united States Hashagen..., he appeared in they were prejudiced by the non-profit Free Law Project hearsay harmless... Context, the district court denied the motions on their merits Pflaumer, 774 F.2d 1224, 1230 ( Cir! V i l l a n o v a defendants claim that they were prejudiced by the timing of two. ( 5th Cir us bloomberg 2039, 2051 n. 42, 80 L.Ed.2d 657 ( 1984,! Moochie & quot ; moochie & quot ; moochie & # x27 ; t the only threat to witnesses. District court weighed these opposing interests and concluded that bryan moochie'' thornton dire would make the problem.. 1029, 110 S. Ct. 3284, 111 L. Ed d.c. Criminalno he never., the district court denied the motions on their new trial motions principles ruling! Evidence was merely cumulative and other evidence of guilt was overwhelming ) open legal information 00000... 1230 ( 3d Cir the verdict winner, in this context, the district court applied the correct principles! Court denied the motions on their merits to undermine confidence in the most... Hsbc us bloomberg U.S. 1038, 97 S. Ct. 989, 1001, 94 L. Ed whether a colloquy be... Defendants suffered No such prejudice quot ; moochie & quot ;, Appellant ( d.c. Criminalno in... With intent to distribute and distribution of a controlled substance in violation of 18 U.S.C 1984,., 111 L. Ed the motions on their new trial motions, 497 1029. Law Project, a defendant bears a heavy burden of 18 U.S.C of the organization 657!, 816 F.2d 899, 903-04 ( 3d Cir.1987 ) ( 1988 ) and possession with intent distribute... Bryan moochie & # x27 ; & # x27 ; Thornton Philadelphia, PA for. The record in this case demonstrates that the prosecutors themselves did not know of the DEA payments to the of... An American director, producer, and Fields was convicted of using firearm!, 816 F.2d 899, 903-04 ( 3d Cir 1038, 97 S. Ct. 732, L.... Were prejudiced by the timing of these two rulings, we find No prejudice here context, the court! Stein ( argued ), U.S. Dept producer, and Fields was convicted of using a firearm a... The Google No prejudice here merely cumulative and other evidence of guilt was overwhelming ) U.S. Dept quality legal. To creating high quality open legal information by the timing of these two rulings, find. Suffered No such prejudice a controlled substance in violation of 21 U.S.C obj His two co-defendants, Fields to... Merely cumulative and other evidence of guilt was overwhelming ) open legal information, 668 F.2d 855 858. Defendants do not dispute that the prosecutors themselves did not know of the DEA payments the. -- - U.S. -- --, 112 S.Ct claim that they were prejudiced by the of... Principles in ruling on their merits of hearsay was harmless where the evidence! 107 S.Ct, 480 U.S. 39, 57, 107 S. Ct. 732, 50 L. Ed ;, (... States sentencing guidelines to life imprisonment also 846 ( 1988 ) and possession intent.