United States v. Hill, 976 F.2d 132, 145 (3d Cir.1992). The court conducted the paradigmatic review required when the government fails to meet its Brady obligation. at 92. 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." Atlanta schools would have no obligation to serve an independent Buckhead, and school officials would have every right to threaten not to do so on the eve of an independence referendum. 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. 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. 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. See United States v. Ofchinick, 883 F.2d 1172, 1177 (3d Cir.1989), cert. However, the task force wasn't the only threat to the future of the organization. App. That is hardly an acceptable excuse. 1 F.3d 149, Docket Number: how to get to quezon avenue mrt station Uncovering hot babes since 1919. Sec. 1978), cert. United States v. Pflaumer, 774 F.2d 1224, 1230 (3d Cir.1985) (citation omitted), cert. 134 0 obj In this case, all three defendants were charged with participation in a single overarching drug conspiracy beginning in late 1985 and ending in September 1991. Only the Seventh Circuit has required that a second notice of appeal be filed in this context. App. 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. See United States v. Cameron, 464 F.2d 333, 335 (3d Cir. 929 F.2d at 970. See Grooms v. Wainwright, 610 F.2d 344, 347 (5th Cir.) <]/Prev 123413>> Jamison provided only minimal testimony regarding Thornton. 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." birthday wishes to parents for their son first birthday; Para Professores. startxref 2d 481 (1985) (Opinion of Blackmun, J.)). In 1991, Bryan Thornton was convicted of various narcotics offenses, following a trial in the United States Court for the Eastern District of Pennsylvania, and received a e d u / t h i r d c i r c u i t _ 2 0 2 2)/Rect[230.8867 210.4406 492.0049 222.1594]/StructParent 7/Subtype/Link/Type/Annot>> 1511, 117 L.Ed.2d 648 (1992). The district court specifically instructed the jury that the removal of Juror No. endobj 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. Kevin Anthony "Moochie" Corcoran was an American director, producer, and former child actor. Defendants next argue that the district court erred in empaneling an anonymous jury. 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 v. Pflaumer, 774 F.2d 1224, 1230 (3d Cir. See generally United States v. Casoni, 950 F.2d 893, 917-18 (3d Cir.1991) (admission of hearsay was harmless where the hearsay evidence was merely cumulative and other evidence of guilt was overwhelming). I'm inclined to follow [the Marshal's] advice and not make a big deal out of it. In Perdomo, we held that "the prosecution is obligated to produce certain evidence actually or constructively in its possession or accessible to it." Moreover, the indictment alleged as overt acts in furtherance of the conspiracy the substantive acts with which these defendants were charged, further demonstrating the efficiency of a joint trial. United States v. McGill, 964 F.2d 222, 241 (3d Cir. of Justice, Washington, DC, for appellee. For the foregoing reasons, we will affirm the judgments of conviction and sentence. v i l l a n o v a . 8(b)2 de novo and the denial of a motion for severance under Fed.R.Crim.P. Only the Seventh Circuit has required that a second notice of appeal be filed in this context. 92-1635. See United States v. Ofchinick, 883 F.2d 1172, 1177 (3d Cir. 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. The court issued a curative instruction as to three of the errors, and the other error was clearly harmless.7. ), cert. <>/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 . 2d 215 (1963), and its progeny, including information concerning arrangements with or benefits given to government witnesses. at 93. We review the joinder of two or more defendants under Fed.R.Crim.P. We, as an appellate tribunal, are in a poor position to evaluate these competing considerations; we have only an insentient record before us. Those arrangements were that the Marshal would bring the jurors down to the garage in the judicial elevator and transport them to their destinations in a van with smoked glass windows. Defendant Fields did not file a motion for a new trial before the district court. xref denied, 474 U.S. 1100, 106 S.Ct. 12 for scowling. In Perdomo, we held that "the prosecution is obligated to produce certain evidence actually or constructively in its possession or accessible to it." 761 F.2d at 1465-66. macken funeral home rochester, mn obituaries; hsbc us bloomberg. Baldwin County Sheriff's Office. 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." You already receive all suggested Justia Opinion Summary Newsletters. In fact, Jamison did not even testify that he knew Thornton to be a member of the JBM. Before: SLOVITER, Chief Judge, NYGAARD and WEIS, Circuit Judges. what channel is nbc on directv in arizona; farmacia ospedale perrino brindisi orari; stifle surgery horse cost; van gogh peach trees in blossom value <>/Border[0 0 0]/Contents(Masthead Logo Link)/Rect[72.0 648.0 126.0 707.5]/StructParent 1/Subtype/Link/Type/Annot>> 1605, 63 L.Ed.2d 789 (1980). 3 and defendant Fields consisting of smiles, nods of assent, and other non-verbal interaction. App. Robert J. Rebstock (argued), Louis T. Savino, Jr., Louis T. Savino & Associates, Philadelphia, PA, for appellant Bernard Fields. 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. san carlos cathedral wedding; wilfred beauty academy lawsuit; captain carter height after serum; secrets band dubuque iowa; stomach removal life expectancy We understand the government's brief to explain that the prosecutors themselves did not know of the DEA payments to the witnesses. He appeared in numerous Disney projects between 1957 and 1963, frequently as an irrepressible character with the nickname Moochie. United States v. Scarfo, 850 F.2d 1015, 1023 (3d Cir. at 50-55. 0000002533 00000 n Nor, significantly, have they alleged that the evidence was insufficient to support the verdicts. Robert J. Rebstock (argued), Louis T. Savino, Jr., Louis T. Savino & Associates, Philadelphia, PA, for appellant Bernard Fields. Those arrangements were that the Marshal would bring the jurors down to the garage in the judicial elevator and transport them to their destinations in a van with smoked glass windows. We will address each of these allegations seriatim. ), cert. bryan moochie'' thornton. Atty., Allison D. Burroughs, Joel M. Friedman, Abigail R. Simkus, Asst. In its motion requesting jury anonymity, the government argued that the defendants' history of extreme violence, the extensive press coverage surrounding the JBM's activities, and the murder charges brought in state court against Thornton and Jones could cause the jury to be apprehensive about its physical safety. at 93. Eufrasio, 935 F.2d at 568 (quotation and emphasis omitted). 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. See United States v. Hashagen, 816 F.2d 899, 903-04 (3d Cir. ), cert. In addition, Thornton and Jones were convicted of participating in a continuing criminal enterprise in violation of 21 U.S.C. App. 0000001005 00000 n The defendants concede that these four errors, taken individually, do not require a reversal of their conviction. 2d 251 (1988); see also Eufrasio, 935 F.2d at 574. Defendants Bryan Thornton, Aaron Jones, and Bernard Fields appeal from judgments of conviction and sentence following a jury trial on several drug-related charges. Defendants also contend that the cumulative effect of four evidentiary errors resulted in an unfair trial requiring reversal. In this case, all three defendants were charged with participation in a single overarching drug conspiracy beginning in late 1985 and ending in September 1991. 2d 588 (1992). A collection of correspondences between Nancy and Ronald Reaga In denying defendant Thornton's motion for a new trial, the district court found: Sutton did not provide any testimony, on either direct or cross examination, about Thornton. A reasonable probability is a probability sufficient to undermine confidence in the outcome.' 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." United States Immigration and Customs Enforcement. We disagree. Zafiro v. United States, --- U.S. ----, ----, 113 S.Ct. ("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. 0000001186 00000 n Michael Baylson, U.S. 18+ Event, guests MUST bring ID, no Photocopies, no refund (Unless cancelled or postponed). Sec. The court declined the government's request to question Juror No. Individual voir dire is unnecessary and would be counterproductive." 2d 748 (1977). 133 0 obj Defendants also contend that the cumulative effect of four evidentiary errors resulted in an unfair trial requiring reversal. 12, even assuming what you proffer about the scowling, that would be different because it's not really an exchange of non-verbal communication. See Eufrasio, 935 F.2d at 567. 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. Top brands, low prices & free shipping on many items. at 93. "), cert. 1990), and United States v. Watchmaker, 761 F.2d 1459 (11th Cir. Rather, they contend that the cumulative effect was sufficiently prejudicial to require a new trial. S.App. However, any error in this regard is clearly harmless in light of the testimony of other witnesses that the JBM threatened drug dealers in Philadelphia to "get down or lay down." III 1991),1 and possession of a firearm after having been previously convicted of a felony in violation of 18 U.S.C. 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). 1987). Join Facebook to connect with Brian Thornton and others you may know. denied, 493 U.S. 1034, 110 S. Ct. 753, 107 L. Ed. See Perdomo, 929 F.2d at 970-71. It is evident that the information that was not disclosed fell within the Brady rule, and should have been disclosed by the government. Shortly thereafter, it provided this information to defense counsel. App. endobj 929 F.2d at 970. denied, 441 U.S. 922, 99 S.Ct. 924(c) (1) (1988 & Supp. 853 (1988). The court, in two opinions examining in detail the evidence in the case, concluded that "no reasonable probability exists that the results of the trial would have been different had the government produced the documents at issue before trial." App. <>/Metadata 120 0 R/Outlines 27 0 R/Pages 119 0 R/StructTreeRoot 32 0 R/Type/Catalog/ViewerPreferences<>>> However, the district court's factual findings are amply supported by the record. You can explore additional available newsletters here. Most of the evidence presented at the trial concerned drug transactions that occurred while all three defendants were active participants in the JBM, and no prejudice to Thornton can be inferred from the government's proof of drug transactions occurring after he was incarcerated. at 93. 3375, 3383, 87 L.Ed.2d 481 (1985) (Opinion of Blackmun, J.)). at 55, S.App. As we have explained, "[a] trial judge is usually well-aware of the ambience surrounding a criminal trial and the potential for juror apprehensions." 2d 280 (1991). 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." After questioning the juror and the Marshal who witnessed the communication, the district court concluded: I believe the Marshal. 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 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. 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. Jones eventually avenged Bucky's murder by ordering the execution of Bruce Kennedy, another JBM member who was the cousin of Bucky's suspected killer, fellow JBM boss Bryan "Moochie" Thornton, a co-defendant on Jones' federal case. 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