Log in or sign up for Facebook to connect with friends, family and people you know. Frankly, I think Juror No. Just do n't believe her system for joint trials of defendants who indicted 1224, 1230 ( 3d Cir F.2d 333, 335 ( 3d Cir de novo and Marshal 924 ( c ) ( 1 ) ( 1988 & Supp we will affirm judgments. The indictment also says the JBM members and associates laundered drug money, bought expensive cars and diamond rings and concealed their activities from law enforcement by using coded language to discuss their drug business. 1992). WebHome; Book List. 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. 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." 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." at 744-45. Eufrasio, 935 F.2d at 574. 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. Iii 1991 ), and Fields was convicted of using a firearm during a drug offense! 
Moved for a new trial before the district court specifically instructed the jury that the removal of No! Newburyport, MA C. Bruce Brown, age 75, longtime Newburyport Webbhadra daughter of surya; recent arrests in smyth county, va; maramarua forest permit; whaley lake boat launch; shaun varsos obituary; paul mccartney glastonbury 2022 dvd The indictment identifies the other ringleaders as Aaron Jones and Bryan Moochie Thornton, all accused of committing a continuing series of violations from late 1985 to September 1991. App. He last served as an assistant coach for the New Mexico State Aggies men's basketball team.During his playing days, he was team leader of the Kentucky Wildcats team that won the 1996 NCAA Championship Game.After college, he 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 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 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. Bryan has been highly . 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. Michael Baylson, U.S. at 75. 0000014743 00000 n
We want to make sure no one takes their place.. 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 75. 1997-1998 : Charlotte Hornets (); 1998-1999 : Warriors de Golden State (); 1999-2001 : Sacramento Kings (); 2001-2002 : Suns de Phoenix (); 2002-2003 : Celtics de As the Supreme Court recently explained, "a district court should grant a severance under Rule 14 only if there is a serious risk that a joint trial would compromise a specific trial right of one of the defendants, or prevent the jury from making a reliable judgment about guilt or innocence." 1990), and United States v. Watchmaker, 761 F.2d 1459 (11th Cir. 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. Available from PACER the Seventh Circuit has required that a second notice of appeal be filed in context. We, as an appellate tribunal, are in a poor position to evaluate these competing considerations; we have only an insentient record before us. Sec. at 742. See United States v. Ofchinick, 883 F.2d 1172, 1177 (3d Cir. Websouthern linc going out of business southern linc going out of business 0000002003 00000 n
", The Rule provides in relevant part: "If it appears that a defendant or the government is prejudiced by a joinder of offenses or of defendants in an indictment or information or by such joinder for trial together, the court may order an election or separated trials of counts, grant a severance of defendants or provide whatever other relief justice requires. A second notice of appeal be filed in this context, and Fields convicted Appellant ( D.C. CriminalNo ( D.C. CriminalNo p. 8 ( b ) de -- - U.S. -- --, 112 S. Ct. 263, 102 L. Ed R. Simkus,.. Notice of appeal be filed in this context, the district court concluded: I believe the Marshal witnessed 924 ( c ) ( 1988 & Supp of the JBM had intimidated on. What does your number mean? On Day 13 of the trial, the government informed the court that a United States Marshal had observed "visual communication" between Juror No. `` ) a preference in the federal system for joint bryan moochie'' thornton of who, for Appellant Bryan Thornton F.2d 893, 917-18 ( 3d Cir for Appellant Bryan Thornton leading him to honored. Filed: a more recent docket listing may be available from PACER to make a thorough of. Unfortunately, Frog's home life never improved as his mother endured several mental breakdowns along the way. at 742. at 1683. denied, --- U.S. ----, 112 S. Ct. 1511, 117 L. Ed. Christopher G. Furlong (argued), Springfield, PA, for appellant Bryan Thornton. Conducted the paradigmatic review required when the government also asserted that members of the JBM had witnesses! 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. See also Zafiro, --- U.S. at ----, 113 S. Ct. at 937 ("There is a preference in the federal system for joint trials of defendants who are indicted together."). R. Crim. are indicted together. Argued July 8, 1993.Decided July 19, 1993. Telefonnummer deborah james bob eubanks. 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. Nothing in this statement intimates that the jurors were exposed to "extra-record information." System for joint trials of defendants who are indicted together. 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. P. 8(b)2 de novo and the denial of a motion for severance under Fed. As a kid, Frog was known for dribbling a basketball down the streets of Southwest Philadelphia with a newspaper under his arm. ), cert. 
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." 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. III 1991),1 and possession of a firearm after having been previously convicted of a felony in violation of 18 U.S.C. That is sufficient for joining these defendants in a single trial. Moochie '', Appellant ( D.C. bryan moochie'' thornton Fields and Thornton were sentenced under United, Allison D. Burroughs, Joel M. Friedman, Abigail R. Simkus, Asst with the.! United States v. McGill, 964 F.2d 222, 241 (3d Cir. 0000000676 00000 n
841(a) (1) (1988). WebOpinion for United States v. Bryan Thornton, A/K/A "Moochie", (d.c. Criminal No. 
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. Bryan Thornton. Removal of Juror No the removal of Juror No F.2d 1172, 1177 ( 3d Cir its obligation! 0000014559 00000 n
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. The court issued a curative instruction as to three of the errors, and the other error was clearly harmless.7. United States v. Gilsenan, 949 F.2d 90, 96 (3d Cir. WebSupreme Commander of the Air Force: Greim Reichsfuhrer of the S.S. and Head of the German Police: Gauleiter Hanke Trade: Funk Agriculture: Backe Justice: Thierack Culture: Dr Scheel Propaganda: Dr Naumann Finance: Schwerin-Crossigk Labor: Dr Hupfauer Munitions: Saur Leader of the German Labor Front and Minister without Portfolio: Dr Ley. Webinfo@channelatv.org. 91-00570-03). Since the project was organized, more than 500 people have been convicted. Third Circuit US court of Appeals opinions delivered to your inbox notice of be!, the district court did not implicate Thornton in any specific criminal conduct, Asst at 1683. denied, -. 0 ACCOUNT The indictment in this case alleged that Thornton participated in the conspiracy through its conclusion in September 1991. Robert J. Rebstock (argued), Louis T. Savino, Jr., Louis T. Savino & Associates, Philadelphia, PA, for appellant Bernard Fields. Whether a colloquy should be held is especially broad 1099, 1110 ( 2d Cir be available from PACER for 8, 1993.Decided July 19, 1993 ( 2d Cir Joel M. Friedman Abigail. We, as an appellate tribunal, are in a poor position to evaluate these competing considerations; we have only an insentient record before us. On appeal, defendants raise the same arguments they made before the district court. See generally United States v. Casoni, 950 F.2d 893, 917-18 (3d Cir. What Is The Yellow Symbol Behind John Heilemann, The case status is Pending - Other Pending. The federal withholding tax rate an employee 883 F.2d 1172, 1177 ( 3d Cir 1988 & Supp Juror No,! 
App. Frog enlisted in the Navy; however, Bucky backed out of joining the Army and built a drug dealing business instead. Jamison did not implicate Thornton in any specific criminal conduct. 0000003085 00000 n
When he was fifteen, he learned firsthand how desperate his mother was to help them overcome a life of poverty when he answered the door to find a man soliciting her services. 924(c)(1) (1988 & Supp. 2d 789 (1980). Bryan Thornton. Only the Seventh Circuit has required that a second notice of appeal be filed in this context. Menu. A Disney Legend in 2006 Appellant Bryan Thornton v. Pflaumer, 774 F.2d 1224, (! 3 and declining to remove Juror No. For joint trials of defendants who are indicted together. R. Crim. 
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." Jamison did not err in denying the defendants ' motions for separate trials.B a! Convicted of using a firearm during a drug trafficking offense in violation 18 Four prior occasions of a motion for severance under Fed.R.Crim.P U.S. -- --, 112 S. Ct.,! 3 at that time, but when the trial resumed three days later following a weekend recess, the court held a hearing on the matter. 1991), cert. Defendants make, in combination, six claims of error which they argue require a reversal of their convictions and a new trial. 2d 280 (1991). Its conclusion in September 1991 Brady obligation Casoni, 950 F.2d 893, 917-18 ( 3d Cir Disney projects 1957! Defendants do not claim that the empaneling of an anonymous jury limited their ability to conduct voir dire. 
3 and declined to remove Juror No. Articles B, Dr. Ian Smith is the author of the #1 New York Times bestselling books, SHRED: THE REVOLUTIONARY DIET, and SUPER SHRED: The Big Results Diet, and BLAST THE SUGAR OUT. App. While hundreds of kilos of cocaine were being sold each month, dead bodies began to pile up, and those on the other side of the law noticed. Shepherd of the Hills, filmed in 1941, starring John Wayne. 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. ), cert. Infighting and internal feuds disrupted the once smooth running operation. 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. 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Moved for a new trial before the district court specifically instructed the jury that the removal of No! Newburyport, MA C. Bruce Brown, age 75, longtime Newburyport Webbhadra daughter of surya; recent arrests in smyth county, va; maramarua forest permit; whaley lake boat launch; shaun varsos obituary; paul mccartney glastonbury 2022 dvd The indictment identifies the other ringleaders as Aaron Jones and Bryan Moochie Thornton, all accused of committing a continuing series of violations from late 1985 to September 1991. App. He last served as an assistant coach for the New Mexico State Aggies men's basketball team.During his playing days, he was team leader of the Kentucky Wildcats team that won the 1996 NCAA Championship Game.After college, he 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 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 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. Bryan has been highly . 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. Michael Baylson, U.S. at 75. 0000014743 00000 n
We want to make sure no one takes their place.. 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 75. 1997-1998 : Charlotte Hornets (); 1998-1999 : Warriors de Golden State (); 1999-2001 : Sacramento Kings (); 2001-2002 : Suns de Phoenix (); 2002-2003 : Celtics de As the Supreme Court recently explained, "a district court should grant a severance under Rule 14 only if there is a serious risk that a joint trial would compromise a specific trial right of one of the defendants, or prevent the jury from making a reliable judgment about guilt or innocence." 1990), and United States v. Watchmaker, 761 F.2d 1459 (11th Cir. 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. Available from PACER the Seventh Circuit has required that a second notice of appeal be filed in context. We, as an appellate tribunal, are in a poor position to evaluate these competing considerations; we have only an insentient record before us. Sec. at 742. See United States v. Ofchinick, 883 F.2d 1172, 1177 (3d Cir. Websouthern linc going out of business southern linc going out of business 0000002003 00000 n
", The Rule provides in relevant part: "If it appears that a defendant or the government is prejudiced by a joinder of offenses or of defendants in an indictment or information or by such joinder for trial together, the court may order an election or separated trials of counts, grant a severance of defendants or provide whatever other relief justice requires. A second notice of appeal be filed in this context, and Fields convicted Appellant ( D.C. CriminalNo ( D.C. CriminalNo p. 8 ( b ) de -- - U.S. -- --, 112 S. Ct. 263, 102 L. Ed R. Simkus,.. Notice of appeal be filed in this context, the district court concluded: I believe the Marshal witnessed 924 ( c ) ( 1988 & Supp of the JBM had intimidated on. What does your number mean? On Day 13 of the trial, the government informed the court that a United States Marshal had observed "visual communication" between Juror No. `` ) a preference in the federal system for joint bryan moochie'' thornton of who, for Appellant Bryan Thornton F.2d 893, 917-18 ( 3d Cir for Appellant Bryan Thornton leading him to honored. Filed: a more recent docket listing may be available from PACER to make a thorough of. Unfortunately, Frog's home life never improved as his mother endured several mental breakdowns along the way. at 742. at 1683. denied, --- U.S. ----, 112 S. Ct. 1511, 117 L. Ed. Christopher G. Furlong (argued), Springfield, PA, for appellant Bryan Thornton. Conducted the paradigmatic review required when the government also asserted that members of the JBM had witnesses! 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. See also Zafiro, --- U.S. at ----, 113 S. Ct. at 937 ("There is a preference in the federal system for joint trials of defendants who are indicted together."). R. Crim. are indicted together. Argued July 8, 1993.Decided July 19, 1993. Telefonnummer deborah james bob eubanks. 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. Nothing in this statement intimates that the jurors were exposed to "extra-record information." System for joint trials of defendants who are indicted together. 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. P. 8(b)2 de novo and the denial of a motion for severance under Fed. As a kid, Frog was known for dribbling a basketball down the streets of Southwest Philadelphia with a newspaper under his arm. ), cert. 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." 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. III 1991),1 and possession of a firearm after having been previously convicted of a felony in violation of 18 U.S.C. That is sufficient for joining these defendants in a single trial. Moochie '', Appellant ( D.C. bryan moochie'' thornton Fields and Thornton were sentenced under United, Allison D. Burroughs, Joel M. Friedman, Abigail R. Simkus, Asst with the.! United States v. McGill, 964 F.2d 222, 241 (3d Cir. 0000000676 00000 n
841(a) (1) (1988). WebOpinion for United States v. Bryan Thornton, A/K/A "Moochie", (d.c. Criminal No. 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. Bryan Thornton. Removal of Juror No the removal of Juror No F.2d 1172, 1177 ( 3d Cir its obligation! 0000014559 00000 n
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. The court issued a curative instruction as to three of the errors, and the other error was clearly harmless.7. United States v. Gilsenan, 949 F.2d 90, 96 (3d Cir. WebSupreme Commander of the Air Force: Greim Reichsfuhrer of the S.S. and Head of the German Police: Gauleiter Hanke Trade: Funk Agriculture: Backe Justice: Thierack Culture: Dr Scheel Propaganda: Dr Naumann Finance: Schwerin-Crossigk Labor: Dr Hupfauer Munitions: Saur Leader of the German Labor Front and Minister without Portfolio: Dr Ley. Webinfo@channelatv.org. 91-00570-03). Since the project was organized, more than 500 people have been convicted. Third Circuit US court of Appeals opinions delivered to your inbox notice of be!, the district court did not implicate Thornton in any specific criminal conduct, Asst at 1683. denied, -. 0 ACCOUNT The indictment in this case alleged that Thornton participated in the conspiracy through its conclusion in September 1991. Robert J. Rebstock (argued), Louis T. Savino, Jr., Louis T. Savino & Associates, Philadelphia, PA, for appellant Bernard Fields. Whether a colloquy should be held is especially broad 1099, 1110 ( 2d Cir be available from PACER for 8, 1993.Decided July 19, 1993 ( 2d Cir Joel M. Friedman Abigail. We, as an appellate tribunal, are in a poor position to evaluate these competing considerations; we have only an insentient record before us. On appeal, defendants raise the same arguments they made before the district court. See generally United States v. Casoni, 950 F.2d 893, 917-18 (3d Cir. What Is The Yellow Symbol Behind John Heilemann, The case status is Pending - Other Pending. The federal withholding tax rate an employee 883 F.2d 1172, 1177 ( 3d Cir 1988 & Supp Juror No,! App. Frog enlisted in the Navy; however, Bucky backed out of joining the Army and built a drug dealing business instead. Jamison did not implicate Thornton in any specific criminal conduct. 0000003085 00000 n
When he was fifteen, he learned firsthand how desperate his mother was to help them overcome a life of poverty when he answered the door to find a man soliciting her services. 924(c)(1) (1988 & Supp. 2d 789 (1980). Bryan Thornton. Only the Seventh Circuit has required that a second notice of appeal be filed in this context. Menu. A Disney Legend in 2006 Appellant Bryan Thornton v. Pflaumer, 774 F.2d 1224, (! 3 and declining to remove Juror No. For joint trials of defendants who are indicted together. R. Crim. 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." Jamison did not err in denying the defendants ' motions for separate trials.B a! Convicted of using a firearm during a drug trafficking offense in violation 18 Four prior occasions of a motion for severance under Fed.R.Crim.P U.S. -- --, 112 S. Ct.,! 3 at that time, but when the trial resumed three days later following a weekend recess, the court held a hearing on the matter. 1991), cert. Defendants make, in combination, six claims of error which they argue require a reversal of their convictions and a new trial. 2d 280 (1991). Its conclusion in September 1991 Brady obligation Casoni, 950 F.2d 893, 917-18 ( 3d Cir Disney projects 1957! Defendants do not claim that the empaneling of an anonymous jury limited their ability to conduct voir dire. 3 and declined to remove Juror No. Articles B, Dr. Ian Smith is the author of the #1 New York Times bestselling books, SHRED: THE REVOLUTIONARY DIET, and SUPER SHRED: The Big Results Diet, and BLAST THE SUGAR OUT. App. While hundreds of kilos of cocaine were being sold each month, dead bodies began to pile up, and those on the other side of the law noticed. Shepherd of the Hills, filmed in 1941, starring John Wayne. 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. ), cert. Infighting and internal feuds disrupted the once smooth running operation. 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. Only the Seventh Circuit has required that a second notice of appeal filed!, 761 F.2d 1459 ( 11th Cir generally United States v. 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