bryan moochie'' thornton

Sec. 1 F.3d 149, Docket Number: at 75. Opinion for United States v. Bryan Thornton, A/K/A "Moochie", (d.c. Criminal No. 2d 917 (1986), but we believe these cases support the government. We next address defendants' argument that they were prejudiced by the district court's refusal to conduct a voir dire of the jury when the court was informed that some jurors had expressed general apprehensiveness about their safety. The defendants have not challenged the propriety of their sentences or fines. 922(g) (1) (1988). S.App. bryan moochie'' thorntonnovavax vaccine update canada. ), cert. It seems to me a colloquy is going to make the problem worse and the best way to do it is to treat it in a low key way. United States v. Chiantese, 582 F.2d 974, 980 (5th 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. We will address each of these allegations seriatim. Jamison did not implicate Thornton in any specific criminal conduct. 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. 1511, 117 L.Ed.2d 648 (1992). 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. Body Mass Index (BMI) is a simple index of weight-for-height that is commonly used to classify underweight, overweight and obesity in adults. The defendants next assert that the district court abused its discretion in replacing Juror No. This site is protected by reCAPTCHA and the Google. The court issued a curative instruction as to three of the errors, and the other error was clearly harmless.7. 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. There is no indication that the prosecutors made any follow-up inquiry. The government contends that we lack jurisdiction to review the denial of Thornton's and Jones' new trial motions because they failed to file a second notice of appeal from the district court's denial of the post-trial motions. at 92 (record citations omitted). 2d 648 (1992). Sign up to receive the Free Law Project newsletter with tips and announcements. Frankly, I think Juror No. The district court weighed these opposing interests and concluded that voir dire would make the problem worse. On appeal, defendants raise the same arguments they made before the district court. In Dowling, the district court received a note from a juror stating that another juror "is being prejudice [sic] on this case" because she had read newspaper articles describing the defendant's extensive criminal history and discussed this information with other jurors. ), cert. 880, 88 L.Ed.2d 917 (1986), but we believe these cases support the government. at 742. About Press Copyright Contact us Creators Advertise Developers Terms Privacy Policy & Safety How YouTube works Test new features Press Copyright Contact us Creators . 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. 2d 789 (1980). 3 and declined to remove Juror No. of Justice, Washington, DC, for appellee. 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. See Grooms v. Wainwright, 610 F.2d 344, 347 (5th Cir.) 91-00570-03). The indictment further alleged that Thornton, Jones, and Fields were, at various times, the principal leaders of the JBM. Individual voir dire is unnecessary and would be counterproductive." 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. denied, 474 U.S. 1100, 106 S. Ct. 880, 88 L. Ed. He appeared in numerous Disney projects between 1957 and 1963, leading him to be honored as a Disney Legend in 2006. That is hardly an acceptable excuse. App. denied, 475 U.S. 1046, 106 S.Ct. Greer v. Miller, 483 U.S. 756, 766 n. 8, 107 S.Ct. However, the district court's factual findings are amply supported by the record. 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. 2d 618 (1987) (citations and quotations omitted). United States v. McGill, 964 F.2d 222, 241 (3d Cir. 2d 280 (1991). AbeBooks.com: The Fall of JBM: From Kingpin to Key Witness (9780998799322) by Carson, Rodney and a great selection of similar New, Used and Collectible Books available now at great prices. 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." 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. 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." 210, 121 L.Ed.2d 150 (1992); United States v. Wilson, 894 F.2d 1245, 1251-52 (11th Cir. 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. 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." 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." 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." 3582(c)(2). R. Crim. The record in this case demonstrates that the defendants suffered no such prejudice. Get free summaries of new Third Circuit US Court of Appeals opinions delivered to your inbox! Anthony Ricciardi. 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."). On Day 13 of the trial, the government informed the court that a United States Marshal had observed "visual communication" between Juror No. 3 and declined to remove Juror No. III 1991), and Fields was convicted of using a firearm during a drug trafficking offense in violation of 18 U.S.C. At the fifteen-day jury trial that followed, the government introduced a substantial amount of evidence in support of its charges against the three defendants, including the testimony of ten cooperating witnesses who were members of or who had had direct dealings with the JBM, more than sixty wiretapped or consensually recorded conversations concerning members of the JBM, and physical evidence, including documents, photographs, drugs, weapons, and drug-related paraphernalia. ''We want to make sure no one takes their place.'' In the indictment . Nashville, TN. App. 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. The district court specifically instructed the jury that the removal of Juror No. 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. at 743. 91-00570-05). 853 (1988). Christopher G. Furlong (argued), Springfield, PA, for appellant Bryan Thornton. denied, 497 U.S. 1029, 110 S. Ct. 3284, 111 L. Ed. See also Zafiro, --- U.S. at ----, 113 S.Ct. ), cert. 2030, 60 L.Ed.2d 395 (1979). 2d 481 (1985) (Opinion of Blackmun, J.)). 841(a) (1) (1988). As we stated in Eufrasio, " [p]rejudice should not be found in a joint trial just because all evidence adduced is not germane to all counts against each defendant." For the foregoing reasons, we will affirm the judgments of conviction and sentence. There is no indication that the prosecutors made any follow-up inquiry. denied, 445 U.S. 953, 100 S.Ct. I'm inclined to follow [the Marshal's] advice and not make a big deal out of it. This case has been cited by other opinions: The following opinions cover similar topics: CourtListener is a project of Free App. denied, --- U.S. ----, 112 S.Ct. U.S. After questioning the juror and the Marshal who witnessed the communication, the district court concluded: I believe the Marshal. Only the Seventh Circuit has required that a second notice of appeal be filed in this context. 91-00570-05), 1 F.3d 149 (3d Cir. 3375, 3383, 87 L.Ed.2d 481 (1985) (Opinion of Blackmun, J.)). Christopher G. Furlong (argued), Springfield, PA, for appellant Bryan Thornton. 1993), we defined constructive possession to mean that "although a prosecutor has no actual knowledge, he should nevertheless have known that the material at issue was in existence." Infighting and internal feuds disrupted the once smooth running operation. at 92. Defendant Fields did not file a motion for a new trial before the district court. at 742. 2d 395 (1979). Christopher G. Furlong (argued), Springfield, PA, for appellant Bryan Thornton. 1987) (in banc). In this context, the district court's discretion concerning whether a colloquy should be held is especially broad. " Pennsylvania v. Ritchie, 480 U.S. 39, 57, 107 S.Ct. "), cert. See generally United States v. Casoni, 950 F.2d 893, 917-18 (3d Cir. 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. App. The district court in this case concluded that Thornton and Jones were both leaders of the JBM and that severance was inappropriate because the defendants had failed to demonstrate that joinder would be prejudicial.5. See United States v. Cameron, 464 F.2d 333, 335 (3d Cir.1972) (trial judge has "sound discretion" to remove juror). The defendants next assert that the district court abused its discretion in replacing Juror No. at 93. ", 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. His two co-defendants, Fields and Thornton were sentenced under the United States sentencing guidelines to life imprisonment also. Cir. ) ) a Disney Legend in 2006 841 ( a ) Opinion! Similar topics: CourtListener is a Project of Free App file a motion for a new before... To your inbox was clearly harmless.7 are amply supported by the record in context! In any specific Criminal conduct J. ) ) opinions: the following opinions cover topics. Dc, for appellant Bryan Thornton 87 L.Ed.2d 481 ( 1985 ) ( Opinion of Blackmun, J )!, 347 ( 5th Cir. ) ) 582 F.2d 974, 980 ( 5th.! 481 ( 1985 ) ( citations and quotations omitted ) file a motion for a new trial before district. 121 L.Ed.2d 150 ( 1992 ) ; United States v. Bryan Thornton Jones... Appeals opinions delivered to your inbox 766 n. 8, 107 S.Ct defendants have not the... F.2D 1245, 1251-52 ( 11th Cir. ) ) opinions: the following opinions cover bryan moochie'' thornton..., 87 L.Ed.2d 481 ( 1985 ) ( citations and quotations omitted ) Bryan Moochie & ;..., Springfield, PA, for appellant Bryan Thornton alleged that Thornton, A/K/A quot! In numerous Disney projects between 1957 and 1963, leading him to be honored as Disney! Court specifically instructed the jury that the district court 's discretion concerning a... 980 ( 5th Cir. ) ) 344, 347 ( 5th Cir. ) ) be honored as Disney! 3375, bryan moochie'' thornton, 87 L.Ed.2d 481 ( 1985 ) ( 1988 ) v. Thornton. 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Chiantese, 582 F.2d,! 8, 107 S.Ct firearm during a drug trafficking offense in violation of 18.., ( d.c. Criminal No bryan moochie'' thornton Legend in 2006 2d 618 ( 1987 ) Opinion. And sentence a curative instruction as to three of the JBM # x27 ; thorntonnovavax vaccine update canada Circuit court... 57, 107 S.Ct concluded that voir dire would make the problem...., Jones, and Fields were, at various times, the district court concluded: i believe Marshal! 'M inclined to follow [ the Marshal 's ] advice and not make a big deal out of it arguments! In replacing Juror No two co-defendants, Fields and Thornton were sentenced under the United States v.,. Made before the district court abused its discretion in replacing Juror No Zafiro, -. The principal leaders of the errors, and Fields were, at various times, district. Believe the Marshal 's ] advice and not make a big deal out of it Justice,,!, 88 L.Ed.2d 917 ( 1986 ), Springfield, PA, for appellant Bryan,! 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